UMASASHI DEBI Vs. ANIL DEBNATH

JUDGEMENT

(1.) This appeal is directed against an order of acquittal passed by Shri K. Chakraborty, learned Judicial Magistrate, Additional court, Barrackporo on 9.11.1983.

(2.) The prosecution case was that the complainant-respondent Smt. Umasashi Devi was a tenant of the appellant accused Krishna Debnath in respect of two rooms and a cow shed and that the latter and the other accused in a body demolished the said cow - shed on 2 1.7.1980 causing a loss to her of about Rs. 500/-. The accused-respondents were charged under sections 147/427/446 of the Indian Penal Code. The complainant examined all the witnesses before the learned Magistrate. The respondent also examined one amongst them. On a consideration of the facts the learned Magistrate has acquitted the accused respondents of the charges framed against them and hence this appeal.

(3.) It is urged from the side of the appellants that on a proper appreciation of the materials on record the learned Magistrate ought to have convicted them.