STATE OF BIHAR Vs. LAL BAHADUR SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order and judgment dated 1.10,1992 passed by Shri U.B. Mishra, Judicial Magistrate, 1st Class, Gopalganj in Tr. No. 569 of 1992, by which he acquitted the respondent from the charges under Sections 379 and 447 of the Indian Penal Code (in short as the Code).

(2.) THE prosecution case, in short, as it appears from the record is that respondent Lal Bahadur Singh had filed Case No. 149/86 in the Court of Chakbandi Officer, Bijaipur against Devi Saran Rai. in the said case Jai Prakash Singh @ Jai Prakash Rai and other members of his family appeared as purchaser of the land in question and were made parties. Learned Chakbandi Officer by order dated 16.2.1987 confirmed the entry made in the revisional survey khatian and ordered that the title of opposite party shall continue. Thus Lal Bahadur Singh lost the case before the Chakbandi Officer. In the said case Jai Prakash Singh, the informant of Bijaipur P.S. Case No. 21/87, had filed the following documents in the Court of Chakbandi Officer:

(3.) IT has been argued on behalf of the appellant that the learned Magistrate has misunderstood the evidence on record. He failed to appreciate that ail the prosecution witnesses have fully supported the prosecution case. It has further been argued that non - examination of the Investigating Officer has not caused any prejudice to the respondent and the judgment of acquittal is based on conjecute and surmises.