GOPIKRUSHNA DEY Vs. ANANTA GOPAL DAS

JUDGEMENT

(1.) The complainant in the Court below as the Appellant has called in question the order of acquittal passed by the Learned J.M.F.C., Balasore is acquitting Respondent charge under Section 323/379 IPC. Prosecution case is that on 01.06.1987, the Appellant had opened his shop though call of 'Bharat Bandh' had been given. At about 3.15 p.m. while returning from his shop, Respondent detained & abused him raising protest as to why he opened his shop. So, the Appellant protested to it, & then he was given slaps & pushes. It is also alleged that the Respondent took away one fountain pen worth Rs. 17 from his pocket. The matter being reported at the police station, no step was taken. So the Appellant filed the complaint in setting the criminal law into motion. Cognizance of the aforesaid offence being taken filing the Respondent faced the trial for the above offences.

(2.) The defence has taken plea of complete denial. Prosecution during trial has examined three witnesses including the Appellant who is P.W. 3. None has been examined from the side of the defence.

(3.) The Trial Court on analysis of evidence, taking note of the facts & Circumstances of the case as those emanate from the evidence let in by the Appellant has held that the case against the Respondent for commission of offence under Section 323/379 IPC has not been established beyond reasonable doubt. Therefore, acquittal having been recorded that is how the present appeal has come up.