SADHU CHARAN PANDA Vs. MAHANI TRIPATHY

JUDGEMENT

(1.) THIS is an appeal under Section 417(3), Criminal Procedure Code 1898 against the order of acquittal passed by the Sub -Divisional Magistrate, Jajpur in I.C.C. 140/68 665 T/68.

(2.) THE prosecution case, in short, is that on 2.3.1968 at about 9 A.M. the accused persons along with many others forcibly entered into the shop -house of the complainant (P.W. 1) by breaking open its lock, and took away therefrom certain grocery articles worth Rs. 500/ -. On the above allegation the two accused persons (respondents herein) were charged for an offence under Section 380, I.P.C.

(3.) THE Court below, on a lengthy consideration and discussion of the evidence on record adduced by both the parties, has arrived at the finding that the prosecution has failed to prove its case against the accused persons beyond reasonable doubt, and on that finding it has acquitted the accused persons of the charge under Section 380, I.P.C.