2. The case of prosecution, in brief, is that, the complainant, Sukhnath Sai, lodged a written complaint at Police Station Bagicha alleging that the accused, Mukarram Alam, unlawfully removed and demolished the farm boundary (medh) of the complainant’s agricultural field during the night and illegally erected a pillar by encroaching upon his land. When the complainant objected, another accused, Naseem, along with his family members, intentionally assaulted him, abused him in filthy and obscene language and criminally intimidated him by threatening to cause his death. It is further the case of the prosecution that the land bearing Khasra No. 95/2 is leasehold agricultural land belonging to Chandan Sai, Lamber Sai and the complainant, who have been cultivating the same for a long time. Adjacent to the said land lies Khasra No. 96/2 recorded as Amari Muslim (graveyard land), where the accused Mahfooz Alam is allegedly raising illegal construction of a residential house and, in furtherance of his unlawful intention, digging the complainant’s land during night hours and carrying out construction activities, thereby endangering the life and property of the complainant and his family members. On the basis of the said complaint, the police registered a case against the present appellant under Sections 296, 351(2), 115(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
