- (1.) In this appeal the judgment and order of acquittal passed by the Ld. Sub-Divisional Judicial Magistrate (Ld. SDJM), Ghatal dated 25th September, 1989 acquitting the five opposite parties of the charge under Section 379 IPC is under challenge.
(2.) According to the complaint filed by the present appellant on 21st Baisakh, 1387 BS the five accused persons cut and took away paddy from Plot Nos. 1058 and 1069 of Mouza Chandpur, P.S. Daspur, Dist. (the then) Midnapur. The appellant-complainant has testified that part of the plots in question belonged to one Maya and one Sima and, the plots were claimed to have been purchased by the appellant. Therefore the paddy was stolen from the plots of which he claimed to be the owner. The value of the stolen paddy was placed at Rs. 1000/-.
(3.) It is the further case of the appellant-complainant that since there was a chance of a compromise, there was delay in filing the complaint.;