J U D G M E N T

This is an appeal against acquittal under the provisions of Section 378 (4) of the Code of Criminal Procedure , 1973. The respondent was tried on a charge for the offences under Section 341 , 323 , 325 and 427 of the Indian Penal Code , 1860 ( IPC ). As per the impugned judgment he was found guilty and acquitted.

2. The prosecution was initiated on a complaint instituted by the appellant. Summons was issued to the 1^st respondent to answer accusation amounting the offence under Section 341 , 323 , 325 and 427 of the IPC . After inquiry under Section 244 of the Code, a charge as aforesaid was framed. PWs 1 to 5 were examined and Exts.P1 to P4 were marked on the side of the prosecution. During 313 examination, the 1^st respondent denied incriminating circumstances in evidence. He further stated that on the date of alleged occurrence, he seized 20 ltrs of arrack at 12 noon and arrested one Joy at a place, Undapara. In that regard a criminal case was charged by him which is pending consideration of the court. He did not go to the places of occurrence as alleged. A case was registered against the appellant and his brother for the offences under the Scheduled Castes and Sc