IN THE MATTER OF : PARUL BERA Vs. STATE

JUDGEMENT

(1.) The challenge in this revisional application is to the judgment passed by the learned Additional Sessions Judge, Paschim Medinipur, in Criminal Revision No. 167 of 2009 thereby dismissing the revisional application by way of affirming the judgment passed by the learned Chief Judicial Magistrate, Paschim Medinipur in G.R. Case No. 162 of 2007 whereby the opposite party nos. 2 to 12 were acquitted.

(2.) On the basis of a petition of complaint, which was referred to the local police station for investigation, G.R. Case No. 162 of 2007 was initiated against the opposite party nos. 2 to 12 by Smt. Parul Bera alleging therein that on 5th January, 2007, 6th January, 2007 and 7th January, 2007 opposite party nos. 2 to 12 illegally trespassed into her land and took away 70 pieces of bamboo under threat of dire consequences. Trial was commenced ultimately in the Court of the learned Chief Judicial Magistrate, Paschim Medinipur, who, upon consideration of evidence on record, found the opposite party nos. 2 to 12 not guilty to the offence alleged and acquitted them from the charges.

(3.) That order was challenged by filing a revision in the Court of the learned Sessions Judge, Paschim Medinipur. The learned first revisional Court, although was not pleased with the way the judgment was written by the learned Chief Judicial Magistrate, but had taken a concurrent view as far as findings of the learned Chief Judicial Magistrate is concerned. The first revisional Court found that the learned Chief Judicial Magistrate did not overlook any material evidence and appreciated evidence improperly.