- (1.) Challenge in this acquittal appeal is to the judgment dated 30.04.2002 passed in P.C.R. Case No. 82 of 1996 corresponding to T.R. No. 1492 of 2002 whereby and whereunder the respondent nos. 2 to 5 have been acquitted of the charges levelled against them under Section 420 of the Indian Penal Code.
(2.) It appears from the record that earlier at the instance of the complainant/appellant Sekh Hanif, one Criminal Miscellaneous Petition No.- 534 of 2002 (D.B.) was filed for grant of leave to file the appeal against the acquittal and by order dated 06.08.2003, leave was granted and the appellant was allowed to file the acquittal appeal, whereafter the present acquittal appeal was filed.
(3.) At the instance of the present appellant, who was complainant in the court below, the P.C.R. Case No. 82 of 1996 was instituted against the respondent nos. 2 to 5 under Section 420 of I.P.C. on the allegation that the complainant and the accused persons are Jamabandi Raiyats of land of Mouza Lodhana and in the year 1971, the father of the complainant Sekh Serphu and one Sekh Sudi filed a Partition Suit against Sekh Jamru and the said suit was decreed in favour of the complainant and accused no.1. Thereafter the delivery of possession of the entire land was accordingly given to the complainant's father and accused no.1. The complainant and accused no.1 entered into an agreement and executed a deed of exchange, which was registered as Deed No. 13978 dated 06.10.1982 and in terms of the agreement, the complainant had relinquished his share and the share of his brother's land at Aurangabad in favour of the accused no.1. Similarly, the accused no.1 had relinquished his share of the land in question of Mouza Lodhana in Jamabandi no. 23 in favour of the complainant and his brother but with bad intention, the accused no.1 executed a Bhugatbandha i.e. deed with respect to the property of the complainant dishonestly in favour of other accused persons. Whereafter, the present complaint case was filed.;