GWAL DAS SAHU Vs. BAJRANGLAL AGRAWAL AND OTHERS

JUDGEMENT

(1.) This acquittal appeal is preferred under section 378 (4) of the Code of Criminal Procedure, 1973 against judgment dated 26.08.2008 passed by Judicial Magistrate First Class, Mahasamund (C.G.) in Criminal Complaint Case No. 474/2007, wherein the said court acquitted all the respondents for commission of offence under Section 290 and 427 of IPC.

(2.) As per the case of the appellant, he is owner of agricultural land bearing Khasra No. 211 area 1.431 hectare situated at village-Pitiyajhar adjacent to Surya Rice Mill and M.P. Rice Mill of the respondents where the Par-Boiled-Rice is produced. It is alleged that all the respondents are constantly draining their used Par-Boiled-polluted-salty water after boiling paddy outside their rice mill which accumulated into the said land causing damage to the crop sown by the appellant. There is great pollution in the entire atmosphere effecting the health of the appellant and neighbours. The trial court after hearing the parties, acquitted the respondents as mentioned above.

(3.) Learned counsel for the appellant submits as under:-