JAMBASWAR GHOSH Vs. PRAHALLAD GHOSH

JUDGEMENT

(1.) This is an appeal against the order of acquittal.

(2.) The case was instituted on the complaint of the present appellant. He has lodged the complaint in the Court of the Judicial Magistrate, First Class, Kodala, on the allegation that the respondents committed theft of paddy crop raised by him on his land on 2-12-1984 at about 9 A. M. in prosecution of their common object. The learned Magistrate framed charges against respondents for commission of offence under Sections 379/323/149, IPC.

(3.) In support of his case, the complainant has examined himself and two other witnesses, whereas the defence has examined none. However, on appreciation of evidence, learned Magistrate held that the complainant has failed to prove the charges brought against the accused persons beyond all reasonable doubts. Therefore, the trial Court acquitted all the accused persons.