MOULI BHUSAN BHATTACHARJEE Vs. CHITTA RANJAN DEBNATH

JUDGEMENT

(1.) THIS appeal, filed under Section 378 of the Code of Criminal Procedure, is directed against the judgment and order of acquittal dated 30.04.2004, passed by the learned Addl. Chief Judicial Magistrate, Agartala, West Tripura, in Case No. CR. 2238/2002.

(2.) A complaint was filed by the appellant against the respondent Nos.1,2,3 and 4, alleging that on 12.06.2002 at about 11:30/12:00 hours the respondent Nos.1 -4 aided by some other unknown persons trespassed into the building which was under dispute. It has been alleged in the complaint that the respondent Nos.1 -4 and their collaborators were armed with dagger and revolver. They broke the lock of the building and entered into the room and occupied the same. They threatened the appellant of dire consequences if he had offered any resistance.

(3.) THE appellant herein adduced as many as five witnesses to prove the charge against those persons. The complainant as PW.1, deposed before the court the contents of the complaint and stated that there is a dispute regarding share of the land. He, during crossexamination, categorically stated that the Civil Court had passed an order restraining the appellant not to change the nature and character of the suit property. He further stated that the accused persons namely, Sri Chitta Ranjan Debnath, Sri Uttam Debnath, Sri Nikhil Sarkar and Sri Khokan Karmakar entered into his shop on 12.06.2002. That shop was not constructed by him, PW.1 deposed. PW.1 admitted that the cosharers are not involved in this case. He also admitted that there is a tenancy agreement as entered with Sri Chitta Ranjan Debnath and Sri Biswa Ranjan Bhattacharjee for the disputed shop. He further admitted of executing similar other deeds of tenancy in regard to other shops as one of the co -sharers. PW.1 also admitted that he did not file any petition for violating the said interim order as stated.