C V KELU Vs. KUNHAMBU

JUDGEMENT

(1.) This revision petition is against the order of acquittal passed by the First Class Magistrate, Payyannur, in C.C. No. 36 of 1959. The accused were charged by the Sub-Inspector of Police, Peringome. The allegation was that the two accused in the case committed theft of arecanuts from four areca trees belonging to Pw. 1, the complainant and his elder brother. Pw. 2 is the watchman under Pw. 1 who was looking after the property. He speaks about the actual theft. Pw. 3 is a witness who had attested the mahazar Ext. P4 prepared by the Sub-Inspector and his evidence does not advance the prosecution case. Pw. 4 is the person to whom the arecanuts were sold by the accused. According to the accused they plucked the nuts only from the trees included in their paramba. The only evidence adduced in the case about possession was that of Pws. 1 and 2, both highly interested. No disinterested neighbours were examined. It is now stated that the complainant wanted to examine the Amson Menon and produce certain documents, but they were disallowed by the learned Magistrate. Beyond the mere statement of the revision petitioner, there is nothing else to prove this. I do not know why the learned counsel who appeared for the complainant did not think it Amsom Menon. Pw. 1 when cross examined blurted out that these areca trees are situated in a property about which there was a civil suit pending, but later in re-examination corrected himself by saying that the suit is in respect of another property. The learned Magistrate on a consideration of the entire evidence and the circumstances and probabilities of the case found that the prosecution has not succeeded in proving the case free from doubt and that the areca trees were in the possession of the complainant. He also found that no dishonest intention could be attributed to the accused and acquitted the accused. The State has not come up in appeal. But the 1st informant has come up in revision and wants that the acquittal order to be set aside. The High Court shall always be reluctant to interfere with an order of acquittal specially when the real dispute between the parties can be properly decided in a civil suit.

(2.) In D. Stephens v. Nosibolla ( AIR 1951 SC 196 ) it has been held that:

(3.) Bearing these principles in mind, I think this is not a case where I should interfere in revision with the order of acquittal. The petition is therefore dismissed.