RATNAKAR DALAI Vs. KRUSHNA CHANDRA PRADHAN AND OTHERS

JUDGEMENT

(1.) The appellant, who is the complainant in I.C.C. Case No.61 of 1988/Trial No.51 of 1989 on the file of the learned J.M.S.C., Cuttack, has preferred this appeal challenging the judgment of acquittal of the respondents in the aforesaid case.

(2.) It appears that the aforesaid complaint was lodged by the present appellant alleging offence under Sections 143/379/34 of I.P.C. against the respondents alleging therein that the respondents in furtherance of their common intention committed theft of fishes from his pond and also the coconuts, bananas etc. which were there in the embankment of his pond. It further appears that before the trial court, the appellant had adduced evidence documentary as well as oral to substantiate his charge. On the other hand, the respondents who have taken a plea of denial of false implication with regard to the possession of the land, have adduced no evidence to prove their case.

(3.) The trial court taking into consideration of the materials available on record held that the appellant could not prove his possession over the lands and there is discrepancy in the version of the witnesses and there is also material contradiction in the version of the aforesaid witnesses and, as such, acquitted the respondents of the charge framed against them.