- (1.) THIS appeal arises out of order of acquittal dated 22.5.1999 passed by learned Judicial Magistrate, 1st Class, Godda in P.C.R. Case No. 428 of 1997/Tr. 233 of 1999 by which the learned trial court has acquitted the respondents from charges under Sections 147, 323 and 380 of the Indian Penal 'Gode.
(2.) BRIEF facts leading to this appeal are that on 18th of August, 1997, complainant Malti Devi was getting her ancestral house cleaned situated in Mauza -Khatnai, when all the respondents objected, abused and assaulted her. The incident was seen by witnesses named in the complaint petition. The respondents have further taken away one silver chain from her possession. Then complaint was lodged and the learned Chief Judicial Magistrate, Godda took cognizance. Thereafter, trial was initiated after framing charge on 19.9.1998. The trial court after considering the evidence on record found and held that the prosecution has failed to prove beyond reasonable doubts the charges against the respondents. Accordingly, by order dated 22.5.1999 the respondents were acquitted. The present appeal has been preferreu mainly on the grounds that the learned trial court has not considered the evidence on record properly. It is also asserted that the witnesses have consistently supported the allegation, but the learned trial court discarded their evidence only on the grounds that they were related with the complainant. Therefore, the impugned order dated 22.5.1999 be set aside and the respondents convicted for the charges alleged against them.
(3.) THE respondents were noticed and they appeared through their counsel. According to their defence, they were implicated falsely in this case because of previous enmity and dispute regarding the properties between the families.;