STATE OF GUJARAT Vs. NIRMALABEN RAMLAL THAKORE

JUDGEMENT

(1.) THE instant appeal has been preferred by the State under Section 378 of the Criminal Procedure Code against the judgment and order rendered by the learned Judicial Magistrate, First Class at Valsad on 12th May, 1992 in Criminal Case No. 2599 of 1985 wherein the present respondents being accused of the said Criminal Case, came to be acquitted by the Trial Court for the offences punishable under Sections 452, 504, 506 to r/w. Section 114 of the Indian Penal Code.

(2.) AS per the brief facts of the case, the complainant of the case Jagdinshchandra Ramjilal Jain preferred a private complaint in the Court of learned Judicial Magistrate, First Class at Valsad on 24th June, 1985 and on 29th June, 1985. The learned Magistrate forwarded the said complaint for police investigation under Section 156(3) of the Criminal Procedure Code.

(3.) AS per the facts of the complaint, complainant Jagdinshchandra was residing in room No. 3 Dr. Navnit Chal, Station Road, Valsad and at Mumbai. The complainant had a stall at Railway Station for tea and snack. All the respondents were staying in room No. 1 in the same Chal at Valsad. Room Nos. 1 and 3 of Dr. Navnit Chal were obtained by the father of the complainant from the owner of the premises. Father of the complainant was storing the goods of business in room No. 1 and in room No. 3, father of the complainant as well as his family members were staying. The rent of both the rooms were paid by the complainant and before that his father. After the death of father of the complainant, husband of respondent No. 1 and father of respondent Nos. 2, 3 and 4 Ramlal Motilal, who was Manager of the stall of the complainant, had been permitted to stay in room No. 1 and all the accused were staying with Ramlal Motilal in the said room. Ramlal Motilal had since died, at the time of the complaint, in room No. 1 all the respondents were staying. Owner of Dr. Navnit Chal, Dr. Ramesh etc. had filed a Civil Suit against the complainant and his family members and upon the Manager, for possession of room No. 1 being Regular Civil Suit No. 84 of 1982. In Regular Civil Suit No. 84 of 1982, deceased Ramlal Motilal was adjudicated as sub -tenant and in other suit i.e. Regular Civil Suit No. 85 of 1982, decree was passed against the complainant and others for possession. Against that order, Regular Civil Appeal No. 21 of 1983 was preferred in the District Court and accordingly, as per the say of the complainant, complainant was the occupier of the said room No. 3 and frequently, he visits room No. 3 from Mumbai and stays there and also pays electricity bill etc. On 16th June, 1985, the complainant came to Valsad and stayed in room No. 3, after visiting his stall at Railway Station. On next day, he locked the room No. 3 and went to Mumbai. On 21st June, 1985, the complainant was informed that the respondents had trespassed in room No. 3, after breaking the lock of the complainant. On 22nd June, 1985, complainant visited Valsad and noticed that in fact, respondents had committed criminal trespass in room No. 3. When respondent Nos. 1 and 2 were tried to persuade by the complainant, complainant met with beating. The household things of the complainant also were misused and abused by the respondents and on persuading, the complainant was pushed and was given abuses.