AZAMKHAN Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-6-11
HIGH COURT OF ANDHRA PRADESH
Decided on June 17,1971

AZAMKHAN Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) This petition is by the accused in C.C. No. 95 of 1968 on the file of the First-class Magistrate, Tandur, against his conviction under section 431, Indian Penal Code, which has been confirmed by the learned Additional Sessions Judge, Hyderabad, in appeal.
(2.) The case of the prosecution was that in S.Nos. 21 and 22 known as Ashanna and Ramanna fields situate at Kotalpur village belonging to the accused there is a Government cart-track connecting the villages of Kothalpur Damarcherla, Tandur, Navandgi and Mailwar being used by the villagers for more than 40 years; that the accused intentionally blocked the cart-track ten months prior to 1st March, 1-968, by fencing it with sticks and had also ploughed it and raised crops and hence the charge.
(3.) The accused had pleaded not guilty to the charge and the prosecution examined 8 witnesses in support of their Case, of whom P.Ws. 1 to 4 speak of the running of the cart track and the accused putting up mud wall and thorn bushes across the passage blocking the way and then ploughing the land. P.W.6 is the patwari who also speaks to the fact of the accused blocking the public way and ploughing the land and to his sending the report Exhibit P-3 to the Tahsildar on the complaint made by the villagers. P.W. 5 is the Tahsildar who had directed P.W. 7 the Revenue Inspector to inspect the locality and make a report; and P.W. 7 is the Revenue Inspector who speaks of his inspecting the field and finding the cart-track ploughed up and obstruction raised blocking the cart-track and of his drafting the panchanama Exhibit P-7 and submitting his report Exhibit P-4. He also speaks of the fact that the cart-track was again reopened by engaging 50 labourers for removing the bund and levelling the road.;


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