PALLAV BARUAH Vs. LATU CHUTIA

JUDGEMENT

(1.) HEARD Mr. T.J. Mahanta, learned senior counsel assisted by Mr. B. Bora, learned counsel for the appellant. None has appeared for the respondent.

(2.) THIS appeal is directed against the judgment of acquittal dated 07.11.2008 passed by the learned SDJM(M), Dhakuakhana, Lakhimpur in CR Case No.322/2008. The proceeding was instituted on the basis of the complaint dated 31.07.2008 lodged by the appellant with the jurisdictional Court. In the complaint petition, the allegation made was that the complainant i.e. the appellant and the accused persons are within the relations. He was a contractor by profession and was awarded with one work order dated 09.03.2007 pertaining to construction of a culvert. Claiming that the work ought to have been allotted to him, the accused Latu Chutia claimed 50% of the payment against the work. When the work was going on, there was insistence for payment of money and in the month of December, the work got completed. On 12.05.2008, the accused Latu Chutia showing his need, kept the motor cycle of the complainant and on 15.05.2008, when the complainant went to pay the installment of motor cycle and for registration holding Rs.15,000/ - in his pocket, the accused refused to return the motor cycle and again demanded 50% of the amount of payment against the work order. Thereafter the accused persons rounded up the complainant and snatched away Rs.15,000/ - and also refused to return the motor cycle. According to the complaint, the appellant was also assaulted.

(3.) ON the basis of the aforesaid complaint, CR case No.322/2008 was registered and as per the order passed during the said proceeding, search warrant was issued and the motor cycle was recovered and handed over to the complainant. The learned trial Court appreciating the evidence on record, while dismissing the complaint, ordered the complainant to pay an amount of Rs.1000/ - to each one of the accused persons and in default, to undergo simple imprisonment for 01 (one) month. The seized motor cycle, which was handed over to him was also directed to be returned to the accused persons with further direction to produce the same before the Court within 30 days. During the trial, the complainant examined 05(five) witnesses and the defence also examined 04(four) witnesses. The learned trial Court recording the following findings, passed the order for payment of Rs.1000/ - to each one of the accused persons with the aforementioned condition.