SRIDHAR SWAIN Vs. KANHEI MALLIK

JUDGEMENT

(1.) Over a trivial dispute relating to cutting of some branches of a Chakunda tree, the parties have travelled through corridors of three courts on the accusation that on 2-7-1983 the respondents (also described as accused) cut some branches of a Chakunda tree. The matter was reported at the local Police Station. The accused after coming to know about information being given at the police Station, got furious and on the date of occurrence cut and removed the entire Chakunda tree from the backyard of the complainant-appellant.

(2.) The accused persons denied the occurrence.

(3.) Learned Judicial Magistrate, First Class, Salipur (in short 'JMFC') found the accused guilt, of offence punishable under Section 379 of the Indian Penal Code, 1860 (in short, 'the IPC') and sentenced each of them to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/-, with a default stipulation of one month. In appeal, the learned Additional Sessions Judge set aside the conviction and sentence, on analysing the evidence of P.Ws. 2 to 4 the appellate court came to hold that the complainant had filed to establish the accusations. Several factors weighed with the appellate court for setting aside the order passed by the learned JMFC. It was observed that there was no consistancy in the evidence of witnesses regarding removal of branches of Chakunda tree. Referring to evidence of P.Ws. 2 to 4, it was held that the witnesses were not aware about details of land on which the Chakunda tree allegedly wood. So far as P.W. 2 is concerned, it was observed that the evidence of said witness showed as if Manguli and Kanlesi cut the Chakunda tree, and other accused persons abused the complainant. To the same effect was the evidence of P.Ws. 3 and 4. But according to P.W. 1, all the accused persons were involved. As regards the number of trees on the disputed plot, there was variance in the evidence of P.Ws. 1 and 2. It was found to he suspicious that no information was given at the out-post which is hardly one mile away from the alleged spot of occurrence when it was Claimed that the entire process of cutting and removal of Chakunda tree took about four hours.