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2002 DIGILAW 339 (RAJ)

Bhanwar Lal v. State

2002-02-08

JAGAT SINGH

body2002
JUDGMENT 1. - Heard learned counsel for the appellant and perused the impugned judgment dated 10.12.1999 delivered by Addl. Chief Judicial Magistrate, Nathdwara in his Criminal Case No. 259/92. 2. Learned Court below by a threadbare discussion and the evidence available on the file has given benefit of doubt to the accused-respondents herein and have acquitted them for offences under sections 147, 447,427 Indian Penal Code. It has specifically mentioned in the impugned judgment that PW-1 Bhanwar Lal, PW-3 Murli and PW-4 Om Prakash were the star witnesses. Out of them PW-1 Bhanwar Lal was not present when the outer wall encircling the disputed land was dismantled. He was informed by his son PW-3 Murli in the evening when Bhanwar Lal came in the village. Similarly PW-3 Murli and PW-4 Om Prakash were not consistent in their testimony during the trial in the trial Court. The SHO has given final report for no case made out and, thereafter, upon the protest petition as also upon recording the statements of witnesses under sections 200 and 202, Criminal Procedure Code cognizance was taken against the accused persons and the learned Court below came to the conclusion that firstly it has not been put that who amongst the accused persons took active part in dismantling the outer wall from the disputed land. It was the admitted fact that the allotment made in favour of the complainant in the Year 1978 was cancelled by the Distt. Collector in the Year 1983 subsequently by the Collector on 12.9.1995. There are material contradictions in the testimony of the prosecution witnesses which according to the Court below were not obstructing. 3. I do not find sufficient cause to interfere in the order of acquittal and the relief prayed for is refused.Application for leave to appeal dismissed. *******