BHUPENDRA DAS Vs. INDRA BHUSHAN SEN

JUDGEMENT

(1.) This appeal is directed against the order of acquittal passed by the learned Judicial Magistrate, First Class, Cooch-Behar, in Criminal Case No 91 of 1977, dated 6-8- 79, under Section 379 of Indian Penal Code.

(2.) The case out of which the present appeal has arisen is that the appellant of this appeal - complainant before the Judicial Magistrate (herein-after referred to as appellant) filed a complaint under Section 379 of the Indian Penal Code against the accused - respondents (hereinafter refered to as respondents) alleging that the appellant was in possession and enjoyment of a Jala bearing No 45 for a long time.

(3.) In 1384 B.S. he took also lease of it from the Larkabar Co-operative Fishermen's Society for one year and was in possession and enjoyment of the same. On 5-12-77 the respondents 1 to 10 trespassed into the disputed Jaw and caught about two Maunds of fish worth about Rs. 700/- to 800/-inspite of protest from the side of the appellant.