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Harai Chandra Nama Vs. Osmanali - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in44Ind.Cas.337
AppellantHarai Chandra Nama
RespondentOsmanali
Excerpt:
criminal procedure code (act v of 1898), sections 435, 439 - revision against acquittal--appellate court, duty of--evidence, discussion of--criminal trespass--civil dispute. - 1. in this case the learned district magistrate on appeal acquitted the accused but without really going into the case or discussing the evidence or coming to any conclusion thereon. he says that the trying magistrate may have been right in believing the prosecution witnesses instead of the defence witnesses, but, as he considered that it was a matter where the complainant ought to have gone to the civil court and availed himself; of the procedure laid down for civil courts, he acquitted the accused. that was obviously not a good reason in a case where the matter had been tried out in the first court and the magistrate had come to the conclusion that the accused was guilty of criminal trespass. we accordingly set aside the order of acquittal on appeal and direct that the appeal be.....
Judgment:

1. In this case the learned District Magistrate on appeal acquitted the accused but without really going into the case or discussing the evidence or coming to any conclusion thereon. He says that the Trying Magistrate may have been right in believing the prosecution witnesses instead of the defence witnesses, but, as he considered that it was a matter where the complainant ought to have gone to the Civil Court and availed himself; of the procedure laid down for Civil Courts, he acquitted the accused. That was obviously not a good reason in a case where the matter had been tried out in the first Court and the Magistrate had come to the conclusion that the accused was guilty of criminal trespass. We accordingly set aside the order of acquittal on appeal and direct that the appeal be re-heard.


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