GURUDAYAL Vs. INDAL

JUDGEMENT

(1.) This application under Section 378 (4) of Code of Criminal Procedure, 1973 in short 'the Code' has been filed by the complainant for grant of leave to file appeal against the judgment of acquittal dated 14.10.2014, passed by the learned Second Additional Sessions Judge, Betul, in Criminal Appeal No.82/2014, acquitting the respondents from the offence punishable under Section 379/34 of IPC, by setting aside the judgment dated 28.02.2014, passed in Criminal Complaint Case No.989/2011, by Judicial Magistrate First Class, Betul.

(2.) The case of the prosecution in brief is that the applicant is the owner of the agriculture land bearing Khasra No.110, Area 8.195 Hectare, Patwari Halka No.17, situate at Mouja Mandai Bujurg, Tahsil & District Betul having possession also and Soyabean crop was standing in the field. On 04.10.2010 the respondents brought tractor - trolley along with eight laborers and illegally started cutting the said crop. The complainant party restrained them, on account of this, the respondents abused and threatening for injury to person. They also committed theft of Soyabean crop worth Rs.20,000/ - and also caused loss to the crop of the applicant by means of the tractor driven rashly on his field.

(3.) The applicant lodged a complaint at Police Out -Post Padhar of Police Station Betul. Since the Police did not took any action, the applicant field a complaint case under Section 200 of the Code for the offence punishable under Section 379, 294 and 506/34 of IPC before the Judicial Magistrate First Class, Betul. After adopting due procedure learned trial Court registered Criminal Complaint Case No. 989/2011 against the respondents for the offence punishable under Section 379/34 of IPC.