SONALBEN GUNVANTRAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE original complainant has filed the present revision application challenging the judgment and order passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No. 52/2007, by which the learned Judge was pleased to acquit all the three accused for the offences punishable under Sections 395, 452, 427 r.w. section 114 of the Indian Penal Code.

(2.) THE incident alleged is thus: It is the say of the complainant that on the day of the incident, i.e. on 11.11.2006, construction work at his residence was going on. After the labourers etc. had gone, present three accused came at the residence of the complainant and started removing wooden supports placed for centring work and they also started to cause other damage to the work. The lady complainant alleged to have protested. Altercation and fighting took place wherein the complainant is alleged to have received injuries. It is also alleged that during this time, the accused had committed robbery of Rs. 21,500/ and also golden and diamond jewellery from the cupboard of the complainant. It is also alleged that the accused had committed criminal trespass and robbery, as it is the say of the accused that the open area immediately between the complainant's residence and the area that belonged to the accused wherein the construction was going on actually belonged to the accused persons, while it is the say of the complainant that as per the measurement carried out by them, the area wherein they carried out the construction, belonged to them.

(3.) THE findings of the trial Court, briefly stated, are thus: