SANTOSH PAL Vs. NAND KISHORE AND OTHERS

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 17.01.2009 passed by Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar in Criminal Case No. 88 of 2006 whereby learned trial court was pleased to acquit the respondents, herein, for the offence punishable under Section 452, 323, 504 IPC.

(2.) Brief facts of the present case, inter alia, are that a complaint under Section 200 Cr.P.C. was preferred by the appellant stating therein that he had some dispute with his relative Nand Kishore in connection with a house; on 20.09.2005, he was called by Nand Kishore in police station; in the police station, DAROGA JI abused and slapped him and told him that either to settle the dispute with Nand Kishore, otherwise, be ready to face the consequences; complainant having heard abuses from DAROGA Ji came back to his house; when complainant was sitting on the second floor of his house, Nand Kishore, Khimman Lal and Saroj forcibly entered into his house; Nand Kishore & Khimman Lal assaulted on his back with sticks while accused Saroj gave blow near his ear; having heard hue and cry, Jawahar Singh and Prem Prakash came on the spot; they saved him from the clutches of accused; accused left the place extending threat to the effect that if complainant did not vacate the house, he would be killed, thereafter, complainant went to the police station to lodge the complaint, however, he was not heard by the police.

(3.) Complainant stated, on oath, that on 20.09.2005, accused Nand Kishore & Khimman Lal armed with sticks entered into his house forcibly and started assaulting on his back and Saroj gave blow near his ear and thereafter, he went to the police post to get the FIR registered but police did not accept his report saying there was no medical examination report. Thereafter, Prem Prakash and Jawahar Singh took him to the hospital.