Devilal @APPELLANT@Hash Chaman Singh

This criminal leave to appeal has been filed on behalf of appellant â€" Devilal seeking leave to file appeal against the judgment dated 18.1.2017 passed

by the ACJM, Jhadol, Distt. Udaipur (for short ‘the trial court’) in Criminal Regular Case No.515/2012 whereby, the trial court has acquitted

the accused respondents for the offences punishable under Sections 147, 447 and 427 IPC.

Learned counsel for the appellant has informed this Court that after filing of this criminal leave to appeal, appellant â€" Devilal has died in the month

of January, 2018.

It is noticed that till date, no application has been preferred on behalf of the legal representatives of the appellant to pursue this appeal.

Be that as it may, brief facts of the case are that on 28.6.2010, the appellant has filed a complaint (Ex.P/1) to the S.P., Udaipur alleging that his

‘Khatedari’ land comprising of Arazi No.346 and 345 is situated in village Vaas, Tehsil Gogunda, Distt. Udaipur and he is cultivating the said

land from last 50 years. It is stated that the proceedings for recording the said land in his name are going on in the Revenue Court, however, on

17.6.2010, the accused respondents namely Chaman Singh, Ganesh, Heer Singh, Smt. Narayani Bai, Smt. Leela Bai and Smt. Phepha Bai had illegally

entered into his agricultural field at about 4 pm and destroyed the standing crops. It is alleged that when the appellant tried to stop the accused

respondents, they started abusing him.

The said complaint of the appellant was sent to the Police Station Ogana, Distt. Udaipur where, FIR No.57/2010 was registered against the accused

respondents for the offences punishable under Sections 143 and 447 IPC. The police after investigation have filed a negative final report in the matter

while concluding that the dispute between the parties is of civil nature, however, on the protest petition preferred by the appellant, the trial court took

cognizance against the accused respondents for the offences punishable under Sections 147, 447 and 427 IPC and they were put to trial.

The trial court after taking into consideration the evidence produced by the prosecution as well as the defence has acquitted the accused respondents

vide impugned judgment and being aggrieved with this, the appellant has preferred the instant criminal leave to appeal seeking leave to challenge the

impugned judgment.

The trial court has concluded that complainant Devilal (PW-1) in his statement-in-chief has stated that the land of Arazi No.345 is purchased by him

and the same is in his possession for the last 50 years, however, in the cross examination, he has admitted that the land of Arazi No.345 is recorded in

the name of accused persons in the revenue record. The trial court has observed that the stand of the appellant is contradictory as on the one hand, he

is saying that he had purchased the land of Arazi No.345 but on the other hand, he has admitted that the said land is recorded in the name of the

accused respondents.

The trial court has also taken into consideration the evidence of PW-2 to PW-4 and observed that none of the witnesses has stated that the accused

respondents have illegally trespassed into Arazi No.345 but has simply stated that they have entered illegally into the agricultural field of PW-1 and

destroyed the crops. It is also observed by the trial court that from the documentary evidence produced by the parties, it is clear that the land of Arazi

No.345 is recorded in the name of the accused respondents whereas the land of Arazi Nos.346 and 347 is recorded in the name of the appellant. It is

further observed by the trial court that the land of those Arazi numbers are adjacent to each other and, as such, there is all possibility that due to

pendency of revenue suit between the parties and the appellant has filed a false case against the accused respondents.

Having heard learned counsel for the parties and after carefully scrutinizing the record of the case, I am of the opinion that the impugned judgment

whereby, the trial court has acquitted the accused respondents for the offences punishable under Sections 147, 447 and 427 IPC cannot be said to be

suffers from any illegality, perversity or is not based upon the evidence produced by the parties. Hence, no case for grant of leave to file appeal is

made out.   Â

Resultantly, this criminal leave to appeal being devoid of merits is hereby dismissed.