GOPINATH NAYAK Vs. LEPA MAJHI

JUDGEMENT

(1.) In this appeal challenge is to the judgment of acquittal passed by the learned Judicial Magistrate, First Class, Baripada (in short, 'the JMFC').

(2.) I.O.C. No. 40 of 1944 was instituted by the complainant-appellant alleging that the eleven respondents (hereinafter referred to as 'the accused') committed offences punishable under Sections 447/426 read with Section 34 of the Indian Penal Code, 1860 (in short, 'the IPC').Case of the complainant as reflected in the complaint petition as to the effect that he was in cultivating possession of a piece of land measuring about two acres four gunthas situated in mouza Chakulias tenant under landlords Dhir Sundar Bhanj Babu, Sura Sundar Bhanj Babu and Abhinna Sundar Bhanj Babu, who are respondents 9 to 11. Like every year, in the year of occurrence the complainant had sown paddy in the land and on 20-5-1984 the accused-respondents forcibly ploughed the case land as a result of which the complainant sustained a loss of Rs. 200/-.

(3.) Accused persons denied the allegation of criminal trespass and committing of mischief. Accused Dhir Sundar, Sura Sundar and Abhinna Sundar although admitted that they were the landlords with respect to the disputed land, denied the assertion that complainant had been inducted by them as tenant with respect to the said land.