AJIB JALLY Vs. CHANDRAMANI DALAL

JUDGEMENT

(1.) THIS revision is directed against the order of the appellate court acquitting the opposite parties of the offences under Sections 143 and 379 I. P. C. of which they were convicted by the trial Court.

(2.) THE prosecution case, in brief, is that the accused persons formed an unlawful assembly and cut and removed branches of trees and bamboos from the two topes belonging to the complainant. On these allegations the six opposite parties in this revision along with 13 others were tried for offences under Sections 144 and 379, I. P. C. in G. R. Case No. 1334 of 1967 on a charge -sheet submitted by the police. The trial court convicted the six opposite parties of the offences under Sections 143 and 379 I. P. C. and acquitted the 13 other accused persons. The appellate court acquitted all the opposite parties of both the above offences on the finding that the prosecution could not bring home the charges against the opposite parties beyond reasonable doubt.

(3.) MR . Kanungo, the learned counsel for the petitioner, challenged the order of acquittal mainly on the ground of improper appreciation of the evidence on record. In this connection he contended that the court below completely misdirected itself in taking certain unimportant and irrelevant factors into consideration without taking into consideration certain significant features appearing in the evidence on record, and the reasonings on which they were convicted by the trial court.