MAHABOOB BASHA Vs. SAMBANDA REDDIAR

JUDGEMENT

(1.) THIS is an appeal against the acquittal in a private complaint.

(2.) THE case against the four accused is that the complainant Mahboob Basha is a tenant in the premises of A -1. He did not pay rent for some time. Therefore A -l and his sons A -2 to A -4 demanded rent. On the date of occurrence i.e., on 6.4.1985 at about 4.00 p.m. the four accused came to the premises, and A -1 was standing outside. All the three others entered into the shop, threw away the tailoring machine and clothes and thereby the complainant has sustained a damage of Rs. 1,000/ -. A police report was given, but no action has been taken thereon and therefore a private complaint had to be filed for offence under Sections 448 and 427 I.P.C. The four accused denied the charge.

(3.) THE learned Second Class Magistrate, Ponneri, on consideration of evidence adduced by the prosecution held that the prosecution has not proved guilt of the accused satisfactorily. On this finding the learned Magistrate acquitted the accused. It is against this order this Criminal Appeal has been filed by the complainant.