ARAKHITA PANDA Vs. ANANDA PANDA AND 3 ORS.

JUDGEMENT

(1.) THIS is an appeal against the judgment of acquittal passed by a Judicial Magistrate, 1st Class, Banki.

(2.) THE complainant filed a case under Section 427, Indian Penal Code alleging that the accused persons committed mischief by cutting the northern ridge and encroaching upon a portion of his land thus causing him a damage of Rs. 100/ -. In course of the trial, the complainant entered into a compromise with accused Arakhit Das and Dukha Das on the intervention of well -wishers and as such those two accused persons were acquitted at that stage. The case proceeded against the other four accused (Respondents in this appeal) who all were acquitted by the impugned judgment.

(3.) WITH regard to accused Dayanidhi Sahu, the finding of the Court below is that he was only a labourer and was absolutely not concerned with the dispute between the parties. He cannot., therefore, be said to have Acted with any deliberation in the commission of the act, if at an, in order to wilfully cause wrongful loss or damage to the complainant, and so he has been rightly acquitted. The Appellant also does not press this appeal against him.