RANI BEWA Vs. PRAVAKAR SWAIN AND ANR.

JUDGEMENT

(1.) THIS is an appeal under Section 417 (3), Code of Criminal Procedure against the judgment of acquittal dated 25 -2 -1970 passed in Criminal Appeal No. 161 -C of 1969 by the Assistant Sessions Judge, Kendrapara.

(2.) THE complainant 's case in short is that she was in peaceful possession, through her Bhag tenant p.w. 2, of 13 decimals of land bearing plot No. 808/1618 in Khata No. 161 in village Talagan. The two accused persons (Respondents herein) on 22 -9 -1967 cut and removed paddy crops from the said land worth Rs. 60/ -.

(3.) THE accused persons were convicted in the trial Court, but the appellate Court acquitted them on the findings that the complainant has not been able to prove beyond reasonable doubt that she had raised the crop in question on the entire plot comprising an area of 13 decimals, and that on the facts and circumstances disclosed by the evidence on record a case of bona fide claim of right to property is made out in favour of the accused persons.