VED PRAKASH Vs. CHAMAN SINGH

JUDGEMENT

(1.) The Chief Judicial Magistrate, Muzaffarnagar, vide his judgment and order dated 31-5-1978, acquitted the accused Chaman Singh, Sahab Singh, Bhup Singh and Vishnu Datt on the charges under S. 448, 427, IPC. Therefore, the complainant has approached this Court by way of the present appeal. The appeal has been admitted and permission granted.

(2.) The prosecution case started on the basis of a complaint filed by Ved Prakash (appellant) alleging that the accused committed trespass in his house on 5-7-1976 at about 7 p.m. along with 15 other persons. Without any authority, they broke open the lock of his house and took possession of the same forcibly. The articles kept therein were thrown and damaged by them. They were misutilizing all these goods belong ing to the complainant's daughter, for which some separate proceedings would be launched. The com plainant's wife and daughter who were not present at the house, after hearing the noise rushed to the complainant's house. They also informed P.S. Kot wali by telephone. The complainant also arrived there and asked the accused not to commit any crime of that nature. But instead they abused him and asked him to keep mum. The complainant was thus terrorised. The loss caused to the complainant was to the tune of Rs. 500.00 and above. On the same day, a report was lodged with S.O., Kotwali. But no action was taken. The illegal possession of the accused continues. Therefore, this complaint was lodged on 6-8-1976, i.e., 31 days after the actual and alleged incident.

(3.) In support of his case, the complainant examined himself as PW 1. He has narrated the prosecution story as contained in the complaint. In the cross-examination he has admitted that this house was allotted to accused prior to the incident. Further he admitted that against the allotment order, he had filed an appeal which was dismissed by the appellate Court. However, a writ is pending in the High Court.