ASHIS KUMAR RAY Vs. JITU ANDIA

JUDGEMENT

(1.) THE order passed by the learned Additional Sessions Judge, Balasore in Criminal Appeal No. 29/41 of 1985/84 reversing an order of conviction of the respondents passed by the learned C.J.M., Balasore in I.C.C. No.579 of 1980 is impugned in this Criminal Appeal.

(2.) THE respondents faced trial for alleged commission of offences u/ss. 379/426 I.P.C. It is alleged that they cut and removed the paddy crops dishonestly from the land belonging to the complainant by trespassing into his land damaging the fence on 14.11.80 at about 4.00 A.M. On the basis of a complaint filed, I.C.C. No. 579 of 1980 was registered in the Court of learned C.J.M., Balasore.

(3.) MR . Sinha forcefully submitted that the appellate Court has not properly appreciated the facts and the evidence on record. It is also submitted that the conclusions arrived at are contrary to the materials available and the evidence as well as the judgment suffers from the vice of non -consideration of materials available on record. It is also submitted that it is a fit case where the order of acquittal should be set aside.