- (1.)THE State has preferred this appeal under Section 378(1)(3) of the Criminal Procedure Code against the judgment and order dated 15.05.2004 rendered by the learned Judicial Magistrate First Class, Gandhinagar in Criminal Case No.6153 of 2001. The said case was registered against the present respondents -original accused for the offence under Sections 506 (2) and 114 of the Indian Penal Code.
(2.)THE case of the prosecution is that the husband of the complainant was the owner of land known as "Laljivalu Khetar" bearing Survey No. 235 . The Village Form No.7/12 shows that the said land was under the joint ownership of the husband of the complainant i.e. Kehuji Jawanji Rathod and others . It is the case of the prosecution that one week prior to the complaint, when the complainant and his son went to the aforesaid field, they found the accused ploughing the land for the purpose of cultivation. It is the case of prosecution that when the complainant asked why they are doing so, the accused got excited and gave a threat that if they come again, they would be killed and buried in the field. It is also the case of prosecution that the accused told the complainant that they had purchased the land from one Arjunji Abhuji. The said Arjunji is the stepson of the complainant. Thereafter the complaint was filed with the police.
(3.)IN order to bring home the charges against the accused persons, prosecution has examined several witnesses and also produced several documents in evidence.
Thereafter, after filing closing purshis by the prosecution, further statements of accused person under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused denied the case of the prosecution and submitted that a false case is filed against them.