KALI PADA RABIDAS Vs. UMAPADA BOURI

JUDGEMENT

(1.) This appeal against acquittal has been preferred against the judgment and order dated 11.1.1994 passed by Sri Mohan Prasad, Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No. 501/90 corresponding to T.R. No. 780/84 whereby and whereunder he acquitted the accused-respondents of the charge under Section 147, 447, 323 of the Indian Penal Code and accused Umapada Bouri, who was charged under Section 324 of the Indian Penal Code was also Acquitted of that charge.

(2.) The instant appeal has been filed on the ground that learned trial Court failed to take into consideration the deposition of the witnesses and came to erroneous conclusion in giving benefit of doubt to the accused-respondents and thereby acquitting them of the respective charges.

(3.) It is the admitted position that initially, the complainant had filed a complaint case in Gram Kuthchery and trial was going on there. But, in the meantime, he filed a petition under Section 73 of the Gram Panchayat Act before the learned Chief Judicial Magistrate, who directed him to file a regular complaint in his Court after setting side the order of acquittal recorded by the Sarpanch of the Gram Panchayat and on the basis of the complaint filed by the appellant cognizance was taken in the case and the trial proceeded.