SAROJ SAHA Vs. REWATI BAI SAHA

JUDGEMENT

(1.) The appellant/complainant preferred this acquittal appeal being aggrieved by the judgment dtd. 29/10/2013, passed in Criminal Revision No. 39/2013 by the Additional Sessions Judge, Sarangarh, District Raigarh, whereby the learned Additional Sessions Judge has affirmed the order of acquittal dtd. 20/1/2013, passed by the learned Judicial Magistrate First Class, Sarangarh, in Criminal Case No. 350/2008.

(2.) As per the case of prosecution, it is alleged that respondents No.1 and 2 encroached the ancestral property of the appellant, due to which a dispute arose between both of them. During that time respondents No. 1 and 2 used filthy language against the appellant and also committed marpeet with him. Matter was reported by the complainant/appellant and on the basis of which offences under Ss. 294 and 323 read with Sec. 34 of the Indian Penal Code was registered against respondents No.1 and 2. After conclusion of the investigation, charge-sheet was filed. The trial Court framed the particulars of offences and on 20/1/2013 during the proceedings of Mega Lok Adalat, closed the proceedings of the trial Court against respondents No.1 and 2 under Sec. 258 of the Code of Criminal Procedure and discharged respondents No. 1 and 2 from the charges leveled against them. The said order of learned J.M.F.C. has been assailed by the appellant herein before the Sessions Judge. The learned Additional Sessions Judge, Sarangarh vide impugned order dtd. 29/10/2013 affirmed the said order of discharge/acquittal of respondents No.1 and 2. Hence, this appeal.

(3.) Learned counsel appearing for the appellant/complainant submits that the learned Court of Sessions has committed manifest illegality in acquitting respondents No. 1 and 2 from offences punishable under Ss. 294 and 323 read with Sec. 34 of the Indian Penal Code as ingredients constituted the said offences have been duly established by the prosecution and, therefore, the order of acquittal deserves to be set-aside.