STATE OF MADHYA PRADESH Vs. SHYAM SUNDER

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 8.11.1997 passed by learned JMFC, Sidhi (Shri Tarkeshwar Singh) in criminal case No.150/1996, whereby the respondents were acquitted from the charges of offence punishable under sections 447, 427 of IPC.

(2.) PROSECUTION's case, in short, is that, the complainant Bina Singh (P.W.2) had submitted an FIR, Ex.P/1 on 9.12.1995 to Police Station Rampur Naikin, District Sidhi that in the previous night, she was sleeping in her new house at Shankarpur with her son Amar Singh (P.W.1), at about 12 p.m. in the night, the respondents came to the spot by jeep bearing registration No.MP17-A-3067 and abused them with obscene words and they told each other to knock down the house of the complainant and thereafter they knocked down the house and therefore, they caused a damage of Rs.20,000/- to the complainant. On hue and cry made by the complainant and her son, some other witnesses namely Ramesh Prasad (P.W.3), Halkelal, Rajesh Singh, Chhotak etc. came to the spot. They saw the incident. FIR was registered by the police station on 7.1.1996. Document relating to registration of FIR was Ex.P/2. Due investigation was initiated. Assistant Sub Inspector Shri R.K.Sharma went to the spot on 21.12.1995 and prepared a memo of damage, Ex.P/4. Again on 7.1.1996, Shri Sharma prepared spot map, Ex.P/3. After due investigation, a charge-sheet was filed before the competent Magistrate.

(3.) I have heard the learned counsel for the parties.