State appellate application seeking leave to appeal against an acquittal in a dispute for possession of Gram Samaj land. Trial court acquitted accused due to lack of forceful taking of possession. Appellate court found no infirmity in this finding. Appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 1490 of 1998
Appellant :- State Of U.P. Respondent :- Ishwari Singh & Others Counsel for Appellant :- A.P.P.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 11.12.1997 passed by Chief Judicial Magistrate, Lalitpur whereby the respondents/ accused Iswari Singh, Nahar Singh, Deshpaat Singh, Pheran Singh, Jagdish Singh, Govind Singh, Harpal Singh and Murat Singh were acquitted in Case Nos. 2471/94, 441/86 (State Vs. Bhawani Singh and others) for the offence punishable under Section 198A, U.P.Z.A. & L.R. Act, 1950 , Police Station - Mahrauni, District Lalitpur.
As per prosecution version, Gram Samaj land was allotted to Uddeta through a lease deed executed by S.D.M. After the death of Uddeta, his heirs Anupa and Bhagunta were in the possession of disputed land. In year 1984, respondents/accused Iswari Singh, Nahar Singh, Deshpaat Singh, Pheran Singh, Jagdish Singh, Govind Singh, Harpal Singh and Murat Singh have taken forcefully the possession of the disputed land.
From perusal of impugned judgment, it reveals that PW6 - Bhagunta, who was in possession of the land in dispute has not supported the prosecution version and admitted that the accused person had not taken forceful possession of the land in dispute.
Accordingly, learned trial court has passed the impugned order of acquittal in respect of respondents/accused.
The view taken by trial court is possible one and based on reasoning.
I find no infirmity in the impugned order passed by the trial court.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed .
Order Date :- 13.9.2018
VG..
1 provisions across 1 enactments
State Of U.P.
Ishwari Singh & Others
Umesh Chandra Tripathi
As recorded by the court registry
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