SATYA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 21.1.82 passed by the then Sessions Judge, Tehri-Garhwal in Criminal Appeal No. 47 of 1981 accepting appeal and setting aside the conviction and sentence of the opposite parties under Sections 147, 427/149, I.P.C. passed by Munsif Magistrate Tehri in Criminal Case No. 240 of 1981. There were 15 accused in the case. There is delay in the F.I.R. of about a week. This delay has not been satisfactorily explained.

(2.) The Respondents are alleged to have demolished the wall belonging to the complainant.

(3.) The prosecution witnesses have given different versions regarding the wall said to have been demolished by the Respondents. There are also contradictions as to which side of the wall was demolished. Some witnesses said that the upper wall was demolished while others stated that the lower wall was demolished. The evidence in this respect is not convincing. There are other infirmities in the revisionist's case which have been pointed in the judgment of the appellate court.