JAGARNATH PRASAD SHRIVASTAV Vs. BHARAT MAHTO

JUDGEMENT

(1.) RESPONDENT Nos. 1 to 5 along with Pundeo Ram were prosecuted for the offences punishable under Sections 144, 379 and 147 of the Indian Penal Code (IPC). Bharat Mahto, Pundeo Ram. Ram Kisun Sahni and Bhagwan Sahni were prosecuted also for the charges under Section 148, IPC. Accusation against them, as transpiring in the petition of complaint brought on the behest of the appellant was that on 20th March, 1988, they carried out fishing operation in the pond bearing R.S. Plot No. 432 which situated in village Maharani, Police Station Mahamadpur, in the district of Gopalganj and happened to be in possession of the appellant. It was alleged that they removed fish of the value of Rs. 2000 from the pond and on resistance, threatened to assault.

(2.) IN the eventual trial, the prosecution examined seven witnesses including ocular and also some formal witnesses and the trial Court on consideration of there being bona fide land dispute between the parties, acquitted the respondents and also Pundeo Rai of the charges brought against them. The aggrieved complainant has challenged the findings recorded by the trial Court in this appeal with assertion that the evidence placed on the record have not been meticulously appreciated by the trial Court and has reached an erroneous conclusion in acquitting the respondents and others.