STATE OF GOA Vs. PEDRO LOPES

JUDGEMENT

(1.) THE State is appellant herein. It challenges the judgement in Criminal Case Number 251/86/b on the file of Judicial Magistrate, First Class, Panaji, dated 25th Oct. 1993.

(2.) THE charge against the respondent before the Magistrate was that on 28-7-1986, at about 16 hours, the respondent has committed a criminal trespass into the property of Mr. Tito Menezes under Survey No. 2/3 and threatened the labourers therein with dire consequences if they did not stop the work. Accordingly, the accused was charged under Sections 506 and 447 of IPC. On the basis of this charge, the trial was proceeded and at the end of the trial the Magistrate found the respondent was not guilty and he was acquitted.

(3.) THE learned Public Prosecutor attacked the judgement on various grounds. he has taken me to the evidence and the complaint made before the Magistrate. P. W. 1 admits in his chief examination that property dispute in respect of which offence is alleged to have been committed is going on between him and the respondent. He admitted that a civil dispute is pending in respect of the property between him and the respondent.