MANGOVINDA MONDAL Vs. GANGADHAR GIRI

JUDGEMENT

(1.) THIS is an appeal under section 417 (3) of the Criminal Procedure Code against the acquittal of respondents 1-6 in a case under section 427 of the Indian penal Code. The prosecution case shortly stated was that the opposite parties on the 4th of Chaitra 1370 B. S. demolished the complainant's shop and thereby caused mischief to him. The articles inside the shop are alleged to have been partly scattered and partly carried away by the accused persons in the case.

(2.) THE defence was a denial of the allegations made against the accused persons. It was the defence case that the shop of the complainant was blown off by a storm and that the accused were falsely implicated in the case due to grudge and enmity.

(3.) THE learned Magistrate on a. consideration of the evidence found that the accused in the case did cause mischief as alleged and on this finding he convicted them under section 427 of the indian Penal Code and sentenced them to pay a fine of Rs. 51/- each in default to suffer rigorous imprisonment for 17 days each. The entire amount of fine, if realised, was directed to be paid to the complainant as compensation.