(1.) THIS appeal under section 378(4) of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (for short 'Cr. P. C') is directed against the judgment of acquittal dated 26 -6 -1986 passed by Shri C. R. Das, S. D. J. M , Kendrapara in I C C. No. 336 of 1985 (Tr. Case No. 1193 of 1985). The prayer for leave to appeal was granted in Cri. M. C. No. 459 of 1986.
(2.) THE appellant filed the complaint case against the four respondents under sections 426/323, I. P. C. alleging that on 10 -10 -1985 afternoon they caused wrongful loss worth Rs. 20 -00 to him by damaging the standing paddy crop in his filed by allowing two bullocks and one cow to graze there. When the appellant found the cattle inside his paddy filed, he drove them towards kine house, but was intervened by the four respondents and was assaulted in front of their house. The defence plea is one of denial and false implication due to land dispute between the parties.
(3.) IN support of his case the appellant examined five witnesses including himself and the defence examined one in support of its plea, The appellant and respondents are residents of village Boulanga under Patkura Police Station in the erstwhiledistrict of Cutttack (now in the district of Kendrapara). In the complaint petition he has mentioned that the land in dispute appertains to Khata No. 214, plot No. 362/1158 measuring Ac. 0.09 dec. He claims to have purchased the said land in 1974 from p. w. 5, who in turn claims to have purchased the same from the original owners Dura Dei and Fula Bewa in the year 1954. The defence plea is that the father of respondent Nos. 1, 3 and 4 had purchased the said land from the original owners and the, land of respondent No. 2 adjoins the same and due to dispute regarding ownership of the said land this, false case has been foisted by the appellant. In the above background the statements of the p. ws. require careful scrutiny before recording an order of acquittal or conviction of the respondents.