IMPORTANT POINT
Where High Court reversed the acquittal without examining the reasons which weighed with the learned trial Court, the reversal cannot be maintained in law.

JUDGMENT

G.L. Oza, J. - This Criminal Appeal No. 291 of 1976 has come to this Court by Special Leave granted by this Court against the Judgment passed by the High Court of Assam and the Nagaland dated 12th February, 1976 in Criminal Appeal No. 15 of 1971.

2. That the appellants were made accused persons in Sessions Trial No. 45 of 1970 on the a facts that one Smt. Pramada Bala Ghosh a (P.W. 1) lodged an F.I.R. before Officer-in- a charge Kamalpur Police Station on 21st of June, 1968 stating therein that on 21st June, 1968 approximately at about 5 a.m. about 50 to 60 persons entered into the sweetmeat short of her younger brother Goshtha Behari Ghosh and they took away various articles mentioned in the F.I.R. and also assaulted her and some of the employees. It was further alleged that she could recognize only Chandra Kanta Debnath and that she would be able to identify others if she sees their face. It was further alleged that the said persons dismantled the shop by cutting down the posts and Chandra Kanta Debnath pJured kerosene oil in the fencing and the roof of the shop. It was also mentioned in the F.I.R. that the miscreants left the scene of occurrence at about 6.30 a.m. Shri N.K. Barman was in-charge of the Kamalpur Police Station on that day, registered an offence u/s 147/148/436/380 of Indian Penal Code and started investigation of the case. After investigation the said Police Officer submitted a charge-sheet u/s 395/397 I.P.C. against accused Nos. (l) Chandra Kanta Debnath, (2) Sishu Ranjan Paul, (3) Suresh Chandra Bhowmik. (4) Ranjit Debnath (5) Harimohan Debnath, (6) pyari Monan Deb Barrna (7) Prablad Debnath, (8) Sukumar Dey, (9) Harendra Debnath, (10) Shyam Charan Debnath, (11) Lal Mohan Debnath, (12) Patindra Deb Barma, (13) Rakhal Chandra Sil, (14) Rasendra Sangma, (IS)" Jogesh Debnath and (16) Sunil Deb. The police jilso submitted a charge-sheet u/s 412 I.P.C. against the accused Chitta Ranjan Debnath alias Chitta Bhowmik, Chandra Kanta Debnath, Sishu Ranjan Paul and Suresh Chandra Bhowmik.

3. After recording the evidence of witnesses the Committing Magistrate committed the 16 accused persons for trial to the Court of Sessions u/s 395 and also committed accused Chandra Kanta Debanth u/s 436 I.P.C.

4. The prosecution case at the trial was that (P.W. 5) Goshtha Behari Ghosh has a sweet-meat shop and a tea stall at Dulubari Gate and he used to run the said shop with the help of his employee and sister Smt. Pramada Bala Ghosh (P.W. 1). On 21st June, 1968 at about 5 or 5.30 a.m. some persons numbering about 50 to 60 came, armed with Lathis, Bows and Arrows and some of them entered the shop. It was alleged that the accused Chandra Kanta Debnath asked P.W. 1 and other employees of P.W. 1 to get out of the shop as the said persons refused to come out. Chandra Kanta Debnath assaulted some of the persons of the shop and directed his men to remove the furniture. After doing so, the shop was pulled down and it was alleged that Chandra Kanta Debnath set fire to the shop. It was further alleged that the said miscreants left the place at about 6.30 a.m.

5. All the accused persons pleaded not guilty and Chandra Kanta Debnath took a specific plea that he was the owner of the land as well as of the house where P.W. 5 carried on his tea shop. The case of the accused was that he purchased the possessory right of the land from one Manai Sardar in the year 1365 B.S. equivalent to 1958 and he started a sweet-meat shop and tea business which he conducted for some years. Thereafter he let out the said shop with the furniture and utensils to one Manoranjan Dey who after doing the business for some time left the shop handing over the possession to Chandra Kanta Debnath. Thereafter Chandra Kanta Debnath let out the said shop with the furniture and utensils to Sukumar Ghosh and this Sukumar Ghosh continued his business for some time. Thereafter Subal Ghosh, elder brother of Gostha Behari Ghosh, (P.W. 5) took lease of the said shop with all