NEELAKANDAN NAMBOODIRI Vs. NARAYANAN NAMBOODIRI

JUDGEMENT

(1.) This appeal has been preferred by the Complainant in CC No. 75 of 1985 on the file of Judicial Magistrate of the 1st Class, Pattambi.

(2.) The appellant filed the above complaint alleging that the respondents set fire to the Nedumpura owned by him at 2 O'clock in the night on 24-5-1984 and thereby caused damage to the wooden articles kept there. The complainant is a person having 7 acres of property and he has been residing in a house situated in a portion of his property. On the date of the incident he went to sleep at about 11 p.m. At midnight he saw the fire engulfing the Nedumpura and he knew that somebody had committed mischief by fire. The case of the appellant is that he sustained a loss to the tune of Rs. 50,000. Appellant filed several complaints before the police and they did not take any action in pursuance to his complaint. Therefore be filed the complaint before the Magistrate.

(3.) Before the Magistrate court four witnesses were examined. Magistrate considering the evidence of the case discharged the accused under S.245(1) Crl. PC. Aggrieved by the order passed by the Magistrate this appeal has been preferred under S.378(4) of the Crl. PC.