MANORANJAN MANDAL Vs. ABHIRAM MANDAL

JUDGEMENT

(1.) Heard Mr. K.M. Haloi, learned counsel and Ms. B.Choudhury, learned Amicus Curiae, for the appellant. Also heard Mr. S.C. Biswas, learned counsel for the respondents.

(2.) This appeal has been preferred by the informant/ appellant against the order of acquittal dtd. 5/7/2011, passed by the learned Sub Divisional Judicial Magistrate (M) Bijni (herein after referred as SDJM), in CR case no. 83/2009 u/s 352/ 506/ 34 IPC.

(3.) The brief fact of the case is that the informant had a boundary dispute with respondent no. 7, Hemanta Mandal. Taking advantage of this dispute, the respondents made a conspiracy against the informant and organized a meeting and issued notice to him. But the appellant could not appear in the said meeting as there was no mention about the time and venue of the meeting. Thereafter, on 1/2/2009 at about 12 noon, the respondents called another meeting in front of Bamunijhara Kali Mandir field and imposed a fine of Rs.7500.00 on the appellant under threat and pressure. When the appellant expressed his inability to make such payments, he was asked to pay the fine amount by selling his ox, if required. When the appellant approached before the respondents to consider his case, then the respondents forcefully took his signature on a mortgage deed and took the amount of Rs.7500.00 from the mortgagor and misappropriated the same. The respondents threatened the appellant with dire consequences if he dares to approach the police. Ignoring the said threat, the appellant lodged an FIR in Bijni Police station on 6/2/2009 but no case was registered. Finding no other alternative, the appellant filed a complaint case before the court of Sub Divisional Judicial Magistrate (M) Bijni vide CR. Case no. 83/2009 and cognizance was taken u/s 447/420/506/34 IPC.