DHRUBA CHARAN PADHI Vs. MADHUSUDAN DAS

JUDGEMENT

(1.) IN this appeal the complainant assails the order of acquittal of the six respondents who were charged under Sections 352/379/34 of the Indian Penal Code.

(2.) IT is alleged by the complainant that while he was returning from Marsaghai Market with 40 Kgs. of rice on 10.4.1983 at about 7 P.M. the accused persons used criminal force against him and accused Sankarsan took away 40 Kgs. of rice and accused Ashok took away Rs. 20/ - in furtherance of common intention of all the accused persons. The complaint was filed on the next date.

(3.) THE trial Court Has discarded the case of the complainant mainly on the ground that the Complainat could have approached the police station specially on the background of series of litigations pending between the parties. It also found there are some contradictions in the evidence of witnesses.