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Judgment
This Criminal Miscellaneous Petition has been filed under Sections 378(4) of the Code of Criminal Procedure for grant of leave to file appeal against the judgment of acquittal dated 07.08.2008 passed in Criminal Appeal No. 43/1998 by learned Sessions Judge, Dhanbad reversing the judgment of conviction passed by learned Judicial Magistrate, 1st Class, Dhanbad in Complaint Case No. 256 of 1991/ T,R. No. 74 of 1998 on 31.03.1998.
Mr. Kaushik Sarkhel, learned counsel appearing for the petitioner assailed the impugned judgment on various grounds. He submitted that the court witness supported the prosecution case and there are other materials also on the basis of which, learned trial court had rightly convicted the accused persons but learned lower Appellate Court has wrongly acquitted them.
On the other hand, Mr. B.K. Jha, learned counsel appearing for opposite party nos. 2 to 11 supported the impugned judgment. Mr. Jha also submitted that delivery of possession of tenanted premises has already been handed over to the landlord.
It appears that after considering the respective cases of the parties and the materials brought on record by them, learned lower appellate court has rightly recorded the order of acquittal. It has been inter alia held that it has come in the evidence that parties shared common courtyard and they were in the joint possession thereof and moreover, there are contradictions in the statements of the witnesses regarding the place of occurrence and, therefore, charge u/s 452 IPC could not be proved beyond all reasonable doubts. It has also considered that the parties are contesting eviction suit. It has rightly found that the charge u/s 147 of the Indian Penal Code also cannot be sustained.
After hearing the parties at length and going through the records carefully, we do not find any ground for grant of leave to file appeal against the impugned judgment of acquittal.
Accordingly, this petition stands dismissed.