JAGANNATH ROUT Vs. REMACHANDRA DALAI AND ORS.

JUDGEMENT

(1.) THE Appellant (hereinafter referred to as complainant') has preferred this appeal assailing the order of acquittal of the Respondents (hereinafter referred to as 'accused persons') passed by the learned Judicial Magistrate, Second Class. Bhadrak in ICC No. 361 of 1985.

(2.) THE short facts, as borne out from the complaint petition, as also the evidence, is that on 1.10.1985 the' complainant while returning home from Manjuri Road along with some other villagers, heard sound of cutting trees emanating from his 'bari', situated in mouza Bandalo. He entertained doubt that some miscreants might be committing the mischief. So, he along with his co -villagers entered inside the said bari and found two bamboos lying being cut and another bamboo on the verge of being removed by the accused person. He immediately caught hold of the said bamboos, whereupon the accused persons leaving the bamboos made good their escape. The complainant then lodged a written report at Manjuri Road Outpost. But as the police did not take any action, he approached the Court, and filed the complaint.

(3.) ON the above accusation charge was framed under Section 379/34, Indian Penal Code against the accused persons arid the complainant in order to bring home the said charge examined a witnesses, including himself. Learned Magistrate on consideration of the evidence was not inclined to place reliance on the same and consequently by the impugned judgment acquitted the accused persons and it is against that order of acquittal the present appeal is filed.