Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 447 and 504 r/w s.149 IPC Criminal trespass and theft 427 s.379 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.379, 427, 447 and 504 r/w s.149 –Criminal trespass and theft – Complainant-respondent alleged that accused persons trespassed into his land, thereafter, they cut and removed the wheat crop from the land and ran away with a bundle of wheat – Trial Court after appreciating evidence on the record came to conclusion that the offence was not established – However,High Court set aside the judgment of the Trial Court – On appeal,held: The evidence indicated that there was a dispute in regard to the land since both the parties were claiming possession and a suit regarding the same was pending between them – On this evidence,Trial Court concluded that there was no cogent evidence to indicate the possession of the complainant over the land – Hence, the entire case of the unlawful cutting of the crop of wheat was rendered doubtful – Trial court had carefully appreciated evidence on the record – High Court was not justified in setting aside the findings of the Trial Court. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 193 |
Petitioner | Puni Devi & Ors. |
Respondent | Tulsi Ram |
SCR | [2019] 4 S.C.R. 1 |
Judgement Date | 2019-02-13 |
Case Number | 263 |
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