NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant. The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 14.10.2004 in S.L.A.No.52 of 2003. The appeal is directed against the judgment of acquittal dated 14.08.2003 passed by the learned Judicial Magistrate, Ist Class, Munger in Complaint Case No.387(C) of 1999 corresponding to Trial No.68 of 2003.

(2.) ON 19.06.1999, the appellant filed a complaint vide case no.387(C) of 1999 before the learned Chief Judicial Magistrate, Munger alleging therein that on 27.01.1998, the complainants Karpardaj Udneshwar Jha noticed that the accused nos.1 and 2, i.e., respondent nos.2 and 3, with the help of some persons were removing bricks from the wall surrounding the land, i.e., 180 square feet of land bearing plot no.5773 in Ward no.14 under Munger Municipality belonging to the appellant and keeping them in their own land. When the Karpardaj Udneshwar Jha objected to the theft being committed by the accused nos.1 and 2 they asked him to go away. Since the appellant was out of station, Udneshwar Jha did not go to the police station. On 30.01.1998, when the complainant returned home Udneshwar Jha gave information to him regarding the occurrence. On 31.01.1998, the complainant sent legal notice through his advocate to the accused nos.1 and 2. According to the complainant, the land in dispute belongs to the Trust Estate and it is at present being used by the Munger Chakchhu Dan Samiti(hereinafter referred as "the ,,Samiti") It is also stated that against the judgment and decree dated 28.09.1996 passed by the learned Sub Judge, Munger in Title Suit No.49 of 1981 the appellant has filed appeal before the High Court which is pending disposal.

(3.) THE learned Chief Judicial Magistrate, Munger on receipt of the complaint petition transferred the case to the court of the learned Judicial Magistrate, Ist Class, Munger who after making enquiry under Section 202 of the Code of Criminal Procedure summoned only accused nos.1 and 2 to face trial for the offence under Section 379 of the Indian Penal Code. On appearance, the accused persons were charged for committing offence under Section 379 of the Indian Penal Code. They pleaded not guilty to the charge and claimed to be tried.