JUDGMENT:

Dalveer Bhandari, J.

1. This appeal is directed against the judgment dated 04.02.2002 in Criminal Appeal No.826 of 2001 passed by the High Court of judicature for Rajasthan at Jodhpur.

2. Brief facts, which are necessary to dispose of this appeal are recapitulated as under:-

The land measuring 21 bighas is located in village Bhinan, Tehsil Taranagar and the ownership of the same was recorded in the name of Smt. Chhoti Devi w/o Budh Singh Rajput and after her demise, the land was transferred in the name of Balu Singh.

3. The accused, Nanuram submitted an application before the Tehsildar, Taranagar and disclosed that he had bought the said land on the basis of agreement to sell from Smt. Chhoti Devi at a consideration of Rs.1200/- and he is in possession of the land and is cultivating the same. It was alleged that the transfer in the name of Balu Singh had been wrongly recorded in the revenue records. The Tehsildar, after some enquiry cancelled the entry of transfer recorded in the name of Balu Singh.

4. On 13th June, 1999 at about 10 a.m., the complainant party consisting of Amar Singh PW4, his father Ba