JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal appeal is preferred against the judgment and order of acquittal dated 31.08.2001 passed by Learned Metropolitan Magistrate, 8th Court, Calcutta in Case No. C-1122/96 arising out of the T.R. No. 331/96 holding thereby the accused/respondents not guilty of having committed an offence under Section 380 of the Indian Penal Code.

2. Appellant filed a complaint on 20.06.1996 in the court of the Learned Chief Metropolitan Magistrate, Calcutta against the accused/respondents to the effect that on 16.12.1993 he filed a complaint in the court against the accused/respondents under Section 156(3) of the Code of Criminal Procedure being Case No. C/126/93. Accordingly a case was registered and investigation was going on.

The averments of complaint disclosed that on 05.02.1993 at about 12 noon the accused/respondents along with 30/40 persons including house breakers and anti-social forming an unlawful assembly in furtherance of their common intention attacked the room of the appellant at 3/H/31, Khalasitola Road (Personage Road) under Police Station Hastings, Calcutta – 700022 and by using of criminal force caused extensive damage to the