STATE DELHI ADMINISTRATION Vs. MAHINDER SINGH

JUDGEMENT

(1.) The State (Delhi Administration now Government of NCT Delhi) has preferred this appeal aggrieved by the acquittal of the respondent of charges under Sections 448 and 427 of the Indian Penal Code (hereinafter referred to as the 'Code' only) vide impugned judgment dated 7.10.1982 passed by the Court below.

(2.) The brief facts of the case giving rise to this appeal are as follows:- Smt. Sushila Devi claims herself to be the owner of House No.113-B, West Patel Nagar, New Delhi. She purchased the said house from Shri Dewan Singh on the basis of Agreement to Sell and other related documents in May, 1973. After purchase of the said house, she inducted S.R. Gupta as a tenant in her house. There was dispute between Smt. Sushila Devi and her tenant S.R. Gupta. Proceedings for eviction of S.R. Gupta were filed by Smt. Sushila Devi and the status as to what happened to those eviction proceedings is not on record. The respondent, who was charged under Sections 448 and 427 of the Code, was owner of the adjoining house. The FIR against him was registered on the complaint of Smt. Sushila Devi. The case of the prosecution against the respondent was that on 21.9.1976, he had committed the offence of criminal house trespass by entering into and remaining there in the aforementioned premises belonging to Smt. Sushila Devi to her annoyance. Initially, the FIR was registered under Section 448 of the Code, but the respondent was charged by the Court below for offences under Sections 448 and 427 of the Code.

(3.) In order to prove the charges against the respondent, seven witnesses were examined by the prosecution and they are, Smt. Sushila Devi, SI Harcharan Singh, Radha Krishan, Sukhbir Singh, Jaidev, Ravinder Pal and SI Manohar Lal. The prosecution did not produce its witness Sukhbir Singh for his cross- examination and, therefore, his evidence-in-chief was not acted upon by the Court below.