O SANYASIL RAO Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision case is filed by the de facto complainant, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.), against the judgment dated 31.3.2005 passed in C.C.No.321 of 2003 on the file of the Court of III Metropolitan Magistrate, Visakhapatnam, acquitting A.1 to A.7 for the offences under Sections 448, 427 and 506 IPC.

(2.) The facts of the case, briefly, are that P.W.1 obtained delivery of the property covered by survey No.20/3 of Resapuvanipalem by virtue of the order in E.P. No.38 of 1968 in O.S.No.72 of 1959. The delivery was also recorded by the concerned Court on 12.8.2002. The same was processed before the Police. All the accused handed over the vacant property to the Court Amin at the time of delivery. Keeping the same in mind, on 27.11.2002 at about 9.00 am, the accused formed into a group and armed with sticks and rods came to the property. They broke open the locks of the house and attempted to trespass. When P.W.1 questioned their attitude, the accused threatened that they will kill him. On the basis of the report given by P.W.1, a case in Crime No.371 of 2002 was registered against A.1 to A.7 for the offences under Sections 448, 427 and 506(2) read with 34 IPC. After due investigation, charge sheet was laid for the same offences.

(3.) The Court, after complying with all legal formalities, framed accusation for the said offences against A.1 to A.7, and after recording denial of the accused with regard to the said accusations, conducted the trial, recorded the evidence of P.Ws.1 to 6 and marked Exs.P.1 to P.4 on behalf of the prosecution. The accused were questioned about the incriminating material appearing against them under Section 313 Cr.P.C. After hearing the arguments of the learned Additional Public Prosecutor for the prosecution and the counsel for the accused, the Court passed the impugned judgment.