D.G.R.PATNAIK, J. - (1.) THIS appeal by special leave, filed by the appellant, is directed against the judgment and order of acquittal dated 13.7.1995 passed in Cr Appeal No. 14 of 1990 by the 4th Additional Sessions Judge, Palamau at Daltonganj, whereby the appeal filed by the respondents against their conviction for the offences under Sections 379/34 of the IPC as made by the trial Court, was set aside and they were acquitted from the charges for the said offence. Special Leave for filing this appeal was allowed on 2.11.1995.
(2.) SHRI A.K. Kashyap, Advocate, has appeared for the appellant, while Shri Sudhir Kumar, Advocate, has appeared for the respondents. The case before the trial Court was initiated on the basis of the complaint filed by the present appellant on 26.10.1988 against the respondents alleging therein that the complainant, who was the owner of a piece of land under plot No. 433 under khata No. 18 situated at village Harbhonga under Chalnpur Police Station within the District of Palamau, had sown paddy on the aforesaid land. When the paddy became ripe for harvesting, the respondents/accused persons on 24.10.1988 after forming unlawful assembly armed with weapons, came to the land and forcibly harvested the ripe paddy crops standing on the land valued at Rs. 2.000/ -.
(3.) EXPLANATION for two days delay in filing the complaint has been given in the complaint stating that the police had refused to entertain the prompt complaint of the complainant, where -after, due to intervening holidays on the occasion of some Muslim festival, the complaint could be filed on the opening day i.e. on 26.10.1988.;