AKSHYA KUMAR LENKA Vs. BHARAT CHARAN LENKA

JUDGEMENT

(1.) Being aggrieved by the order dated 01.07.1994 passed by the learned S.D.J.M., Kendrapara acquitting the respondents (accused persons) of the offence under sections 447/379, I.P.C., the complainant as the appellant has filed this appeal.

(2.) The case as laid in the complaint in brief is that the parties were in litigating terms in Title Suit No.116 of 1988 where in one Misc. Case No.230 of 1988, an interim order had been passed appointing the appellant and his father as receivers for the purpose of harvesting the standing paddy crops in the year 1989 over the disputed property in presence of the accused persons. It is stated that since the complainant and his father had raised paddy crops in that year over the land in question, they had been so appointed by the Civil Court as the receivers to harvest the paddy crops in that relevant year. The allegation stands that on 30.11.1989, the accused persons went over the said disputed land holding deadly weapons and forcibly cut and removed the paddy crops. The complainant when protested, they did not pay any heed to the same and on the contrary accused-Bharat chased the complainant to assault by means of a Tenta and gave serious threat to kill him. It is said that the accused-Bharat then left that place by giving further threat to the complainant to assault in case, he would raise any complaint. It is the case of the complainant that all the accused persons together cut and removed the paddy crops grown by him on the land, under sabak Plot No.156 and 163 corresponding to hal Plot No.58 measuring about Ac.0.12 decimals and caused loss to the complainant to the tune of Rs.1200/-.The defence is of complete denial.

(3.) The trial court having framed charge for commission of offence under section 447/379/506, I.P.C. proceeded to record the evidence. The complainant having examined four witnesses, the accused persons have examined two. Furthermore the complainant has proved the certified copy of the orders of the Civil Court marked as Exts.1 and 2 and the defence has proved the certified copy of the orders of the appellate court marked as Exts.A and B.