BISWAJIT PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Section 378 of the Cr.P.C. against a judgment dated 24.07.2012 passed by the learned Addl. Chief Judicial Magistrate, Cachar in C.R. Case No. 357 of 2008 under Sections 143/447/427/506 of the Indian Penal Code whereby, the learned Magistrate had acquitted the accused persons. It may be mentioned that initially against the aforesaid impugned judgment, an appeal was filed in the court of the Sessions Judge, Cachar in Criminal Appeal No. 28/2012 which was however, dismissed vide judgment dated 1.7.2013 because of lack of jurisdiction. Thereafter, the present appeal has been preferred before this Court.

(2.) The complainant is the appellant herein. The complaint was lodged before the learned Court of the Chief Judicial Magistrate in the year 2008. The gist of the complaint is that the accused persons had formed a group and came to the property of the complainant with an intention to grab the properties including land. They had carried with them sticks, spades and other weapons. It was also alleged that the accused persons were powerful persons and brother of the complainant was also attempted to be assaulted with dangerous arms. The complainant and other family members were also attempted to be assaulted. In the process the accused persons dispossessed the complainant from his plot of land.

(3.) The learned Trial Court after examining the complainant under Section 200 Cr.P.C. and on perusal of the materials on record took cognizance u/s 143/447/427/506 IPC and issued process. The accused accordingly appeared, pleaded "not guilty" and the trial began. The complainant side had examined 6 witnesses whereas the defence did not adduce any evidence.