ANTONIE DOUROADO Vs. NILKANT SINAI KONTOK

JUDGEMENT

(1.) IN Criminal Case No. 239/75 petitioner was prosecuted for the offences under sections 379, 427, and 447 of I.P.C. by institution of a private complaint before Judicial Magistrate F.C., Vasco -da -Gama. The original complainant Nilkant Sinai Kontok is dead and his son Sonat Kumar Kontok now respondent No.1 in this revision application prosecuted that complaint.

(2.) THE trial Court found favour with the complainant only insofar as offence under section 379 I.P.C. is concerned and fined the petitioner in a sum of Rs. 250/ - and in default to undergo S.I. for 30 days with a further direction that the fine if realised, an amount of Rs. 75/ - be paid to the complainant by way of compensation.

(3.) FACTS are few on which the prosecution was initiated. The property known as 'Januario Pereira' alias 'Sassona (fourth radical)" situated at Utorda belonged to the family of the original complainant; a property south of Sassona which belonged to one Conceicao Antonetto Dourado is now in possession of the petitioner/accused; that the disputed property along. with some parts of two other divisions is bearing recent Survey No. 179/2 and is separated by a fencing wall; that there are two coconut trees adjacent to this wall which were all of a sudden for the first time on 31st August, 1975 at about 8 a.m. plucked by accused and dishonestly removed 75 coconuts and hence the complaint.