SUSHIL CHANDRA SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 26.8.2008, passed by the learned Additional Sessions Judge (FTC), Bongaigaon, in Criminal Appeal No. 15(2)/2007, allowing the appeal and acquitting the accused persons from the charge under Section 500 IPC and setting aside the judgment and order, dated 14.5.2007, passed by the learned Sub Divisional Judicial Magistrate (S), Bongaigaon, in CR Case No. 456/2003, convicting two of the accused persons and sentencing them to suffer simple imprisonment for 3 months and to pay a fine of Rs. 2,000/- each with a default clause for commission of offence under Section 500 IPC.

(2.) The fact of the case is that, on 7.4.2002, the accused persons took away about 50 to 60 number of bamboos from the land of the complainant (appellant) for which an FIR was lodged with Dhaligaon Police Station. The Dhaligaon Police Station did not take action in respect of the FIR. Then, on 27.10.2002, the accused persons and others trespassed into the house of the complainant/appellant and assaulted him and his family members and also damaged his properties. They also served a notice under the signatures of the accused persons, namely, Chittaranjan Singha and Sri Karendra Singha, upon the complainant/appellant restraining him and his family members from using the public path, maintain relation with the villagers and from participating in the social functions. Some of the accused persons have also entered into the house of the complainant/appellant on 10.10.2003 and threatened the informant that he would be killed along with his family members.

(3.) On the written complaint, filed before the learned Chief Judicial Magistrate, Bongaigaon, the learned court below had taken cognizance of offence against the accused persons under Sections 147/148/323/427/379/506/34 IPC.