KHETRABASI MOHAPATRA Vs. PRAFULLA KUMAR SENAPATI

JUDGEMENT

(1.) This is an appeal from an order of acquittal. Appellant and the respondents are complainant and accused persons respectively in I.C.C. No. 17 of 1985 in the Court of the Judicial Magistrate, First Class, Ranpur. The respondents (hereinafter referred to as the 'accused persons') stood their trial for the offence committed under Section 427, Indian Penal Code (in short the 'I.P.C.). Accused Nos. 1 and 2 further stood their trial for the offence under Section 323, I.P.C. on the allegations that they committed mischief and voluntarily caused hurt to the appellant (hereinafter referred to as the 'complainant').

(2.) The prosecution case, in short, is that the parties are neighbours. A stone boundary wall stands on the northern side of the house of the complainant and this is the demarcation of land between the house of the complainant and that of the accused persons. In the morning of 4-5-1985 on hearing the sound of digging, the complainant came near the wall and found that the accused persons were digging drain along with the wall whose length was about 70 feet. Finding the same, the complainant along with some neighbours arrived at the spot and protested the work being undertaken by the accused persons. According to the complainant by the action of the accused persons, his wall was damaged. The protest of the complainant went in vain. On the other hand, at the instance of the accused No. 3 the other accused persons dragged him forcibly by catching his hand towards the Bari of the accused persons. At that moment some of the neighbours assembled there. On their intervention the complainant was saved from further assault and humiliation. According to the complainant by digging of the drain there was damage to the plaster of the wall for which the complainant sustained a loss of Rs. 100/-.

(3.) To bring home the charge, the complainant examined as many as four witnesses including himself as P.W. 1, while the defence examined none. But upon analysis of the materials on record, the learned trial Court vide judgment dated 7-5-1986 acquitted all the accused persons with a finding that the complainant has failed to establish the case against the accused persons beyond reasonable doubt.