ASHOK KUMAR DAS Vs. KAPILESWAR SAMAL

JUDGEMENT

(1.) This is an appeal against acquittal U/S.378(4) of the Cr.P.C. of the respondent-accused persons recorded by learned J.M.F.C., Bhadrak on 25/7/1994 in 1.C.C. No.431 of 1992 (T.R. No.361 of 1993).

(2.) Facts in nut shell are the appellant-complainant instituted a complaint against respondent-accused persons by alleging that on 14/11/1992 at about 11A.M. the respondent-accused persons cut and removed away the paddy grown by him in his land bearing Plot No.176 of Khata No.149 in Mouza Patlasingh. On receipt of complaint, after observing the formalities, learned S.D.J.M., Bhadrak took cognizance of offence U/Ss.379/34 of IPC and the respondent-accused persons were put to trial. On conclusion of trial, learned J.M.F.C., Bhadrak on analysis of evidence on record upon hearing the parties passed the impugned order acquitting the respondents-accused persons, which is under challenge by the appellant in this appeal.

(3.) Mr. A. Pradhan, learned counsel for the appellant submits that this is an appeal against acquittal of accused persons in the complaint and the appellant was the complainant, whereas the respondents were the accused persons in this case, but the learned trial Court without appreciating the evidence on record in proper prospective had acquitted the respondents solely on the ground that the ownership of the land is doubtful, however, the allegation established by the appellant was to the effect that the paddy grown by the appellant had been cut down and taken away by the respondents and thereby, a clear case of 379/34 of IPC was made out against the respondents, but ignoring legal admissible evidence and the criminality of the appellant, the learned trial Court had acquitted the accused-respondents by the impugned judgment which needs to be reversed and order of conviction of the respondents is to be passed for offence U/S. 379/34 of IPC and accordingly, the respondents be sentenced.