LAXMINARAYAN PANIGRAHI Vs. KISHOREMOHAN MOHAPATRA

JUDGEMENT

(1.) The matter is taken up through Video Conferencing.

(2.) This appeal has been preferred by the appellant Laxminarayan Panigrahi challenging the impugned judgment and order dtd. 3/2/1990 passed by the learned J.M.F.C., Balasore in I.C.C. Case No.309 of 1988 in acquitting the respondents Kishoremohan Mohapatra, Manoj Kumar @ Manu Mohapatra and Saroj Kumar @ Ninu Mohapatra of the charges under Sec. 447, 427, 379, 323 read with sec. 34 of the Indian Penal Code. The appellant preferred an application under sec. 378(4) of Cr.P.C. seeking for special leave to appeal from the order of acquittal which was granted in Criminal Misc. Case No.298 of 1990 as per order dtd. 27/8/1990 and accordingly, the present appeal was filed.

(3.) The prosecution case, in short, is that the appellant is the complainant in the said complaint petition and he presented the complaint petition on 31/10/1988 before the learned S.D.J.M., Balesore on the accusation that on 12/10/1988 at about 11.00 a.m., the respondents being armed with deadly weapons such as axe, lathi, katuri, sickle and sword entered into his land which appertains to Khata No.97, Plot No.529 at Mouza-Ghoadapada having an area of Ac.0.06 decimals and cut about fifty cubits of dry and green fence from the said land and they also cut and removed some trees which were also standing on the boundary of the said plot. The appellant raised protest but the respondents abused him in filthy language and then the respondents also assaulted the appellant for which he sustained injuries. When the witnesses came to the spot and raised protest against the conduct of the respondents, they fled away.