BINAPANI HALDAR Vs. SAMSUDDIN AHMED

JUDGEMENT

(1.) THIS appeal by special leave has been brought from an appellate order of acquittal made by the Sessions Judge of Murshidabad whereby he set aside the convictions of the respondents under sections 379 and 427 of the Indian penal Code and directed a new trial to be had upon a charge under section 147 of the Code.

(2.) THE appellant charged the respondents with having caught and carried away fish and damaged a khatan in a fishery which he claimed to own and possess. The respondents denied the charges and stated that the fishery was jointly possessed by them with the appellant.

(3.) THE Magistrate held on evidence that the respondents were guilty of theft and mischief. He accordingly convicted and sentenced them under sections 379 and 427 of the Indian Penal Code.