PANNALAL KEDIA Vs. NEBI SINGH

JUDGEMENT

(1.) THIS application in revision arises out of an order of acquittal passed by Mr. Shambhunath Sinha, Munsif -Magistrate, first class, Khagaria, in a case in which the members of the opposite party were put on trial on a charge under Section 379 of the Penal Code, while some of them were further charged under Section 143 and the rest under Section 144 of the Code.

(2.) THE occurrence is alleged to have taken place shortly after day break on the 10th December 1961 in tola Akha of village Mali, which is about eleven miles from police station Chautham, in the district of Monghyr. The fardbeyan of Hakkar Mian (P. W. 7), who was an employee of the present petitioner; Pannalal Kedia, who has been examined in the case as P. W. 6 in the trial Court, was recorded at Beldaur police outpost at 9 A. M. on the 14th December 1961.

(3.) THE defence of the accused persons in the Court below was that one of the plots in question, namely, plot No. 3202, belonged to one of them and paddy was grown thereon on his behalf and that the lands from which the paddy was alleged to have been looted away had never been in possession either of P. W. 6 or P. W. 7.