FAKIR CHARAN JENA Vs. MANU KANDI & ORS.

JUDGEMENT

(1.) The complainant in the Court below has filed this appeal challenging the order of acquittal by the Respondents passed by the Learned J.M.F.C., Nimapara in ICC No. 51 of 2002 (T.R. 637 of 2003).

(2.) Case of the Appellant is that on 30.10.1999 at 11.00 p.m., the Respondents entered inside his shop and drove him away having threatened to kill and lastly took away cash of Rs.2,000 from his box along with other materials. The matter was reported at the Police Station. Though the case was registered and investigated, finally police submitted final report as insufficient evidence. So protest petition was filed by the Appellant and that was treated as complainant and finally the Court took the cognizance of offence under Section 457/380/34 of IPC and issued summons to the Respondents. Thus they faced the trial.

(3.) The Respondents took the plea of complete denial and false implication. Appellant examined three witnesses, when the defence examined none from their side. The Appellant proved some acknowledgement cards showing the receipt of letters to the authorities like Collector and ors.