RANDHIR BHATTACHARJEE Vs. PARESH DAS

JUDGEMENT

(1.) This is an application under section 378(4) of the Code of criminal Procedure 1973 filed by the complainant/petitioner praying for special leave to appeal against the judgment and order dated 19.2.86 passed by the learned Sessions Judge, Karimganj, in Criminal Appeal No. 86 (2)185.

(2.) Heard Mr. S.K. Sen, learned counsel for the petitioner.

(3.) On 13.10.82 the complainant, who was the Muktar of Swami under the landlords Nanigopal Swami and others filed a complaint before the learned magistrate alleging that on 10.10.82 the accused/opposite parties numbering 13 caught and took away fish worth about Rs. 800/- (Rupees Eight hundred only) from the pond belonging to Swami estate. The learned trial court found all the accused persons guilty under section 379 I.P.C., convicted them accordingly and sentenced them to pay a fine of Rs. 1,000/- (Rupees one thousand only) each vide his judgment and order dated 15.6.83 passed in case No. Cr. 2361 of 1982. However, on appeal the learned Sessions Judge acquitted the accused persons after setting aside the judgment and order of the learned trial court. Hence the present petition.