Rongon Mukhopadhyay, J. - (1.) Heard Mr. D. K. Maltiyar, learned counsel for the petitioner and Mr. Tapas Roy, learned A.P.P. for the State.
(2.) This application has been directed against the judgment dated 19.09.2008 passed by the learned Additional Sessions Judge III, Hazaribagh in Criminal Appeal No. 88 of 2007 whereby and whereunder the judgment and order of conviction and sentence dated 27.06.2007 passed by the learned Judicial Magistrate 1st class, Hazaribagh in C. Case No. 70 of 2004 convicting the petitioner for the offence under Section 420 of I.P.C. and sentencing him to undergo R.I. for 3 years and a fine of Rs. 5,000/- has been affirmed albeit modification in the sentence by which the same has been reduced to R.I. for one year along with a fine of Rs. one lac.
(3.) The prosecution story in brief arises out of a complaint case in which it is stated that the petitioner is the owner of Plot nos. 194 and 195 under Khata No. 64 situated at village Sarley under police station no. 159 in the district of Hazaribagh. The petitioner had proposed to sell the land measuring an area of 39 decimals in two plot numbers in favour of the complainant for a consideration amount of Rs. 97,500/-. After receiving the full amount, a deed of sale was executed on 18.06.1988 along with a token of acknowledgment of the receipt of the money as well as the map. It has been alleged that when the complainant went to cultivate the land in question, one Arvind Kumar Sinha approached him and showed him that he has already purchased 12 decimals of land out of the said 39 decimals of land from the petitioner. The complainant had thereafter approached as a grievance that in spite of selling 12 decimals of land to Arvind Kumar Sinha, the petitioner should not have sold 39 decimals of land which also included the said 12 decimals of land, which is alleged to have been admitted by the petitioner and he has impressed upon the complainant to take 12 decimals of land at some other place. Allegation has been levelled that the complainant had agreed to such proposal and 12 decimals of land was given by the petitioner to the complainant in the plot no. 191 of the same Khata. It has been alleged that the informant came in possession of the land and made a fencing by barbed wired and iron poles and thereafter the petitioner has executed a sale-deed with respect to 27 decimals of land under Plot nos. 194 and 195. It has also been alleged that on 01.02.2004 at about 11:00 A.M., the accused persons along with 15-20 persons came to Plot No. 191 and caused damage to the fencing and also caused injury to the complainant. Based on the aforesaid allegations, C. Case No. 70 of 2004 was instituted in which upon conducting an inquiry cognizance was taken for the offences under Sections 420 & 447 of I.P.C. Charges were framed under Section 420 & 447 of I.P.C. to which the petitioner pleaded not guilty and claimed to be tried.;