SAYED BURANUDDIN Vs. SYED AHAMAD

JUDGEMENT

(1.) This revision petition is filed against the order passed by the First Appellate Court in Crl.A.No.29/2020 dtd. 21/10/2021 whereby the appeal came to be dismissed on the ground that the State has not been made a party to the appeal.

(2.) The factual matrix of the case are that a complaint was filed alleging that on 2/1/2005 the accused had entered the land of the complainant and collected the Toor crop and loaded the same into a Lorry and had taken away the crop dishonestly and thereby they had committed the offence under Sec. 379 of IPC. The valuation of the crop was made at Rs.9,000.00. After the investigation, the Investigating Officer has filed the charge-sheet. The charge was framed and the 11 witnesses were examined before the Trial Court and Ex.P.1 to 12 were marked. After recording the statement of the accused under Sec. 313 of Cr.P.C., the Trial Court came to the conclusion that the charge is not proved and therefore, passed a judgment of acquittal.

(3.) Being aggrieved by the said judgment, the complainant had filed an appeal before the learned Sessions Judge in Crl.A.No.29/2020. In the said appeal, the State was not made a party, but only the accused were made party. By the impugned order dtd. 21/1/2021, the learned II Additional District and Sessions Judge, Basavakalyan passed the following order:-