ARUN KUMAR Vs. RAMAUTAR AND ORS

JUDGEMENT

(1.) This appeal has been preferred under Section 378(4) of the Code of Criminal Procedure (for short "the Code"), being aggrieved with the judgment dated 14.11.1994 passed by Judicial Magistrate First Class, Panna in Criminal (Complaint) Case No.14/1993, whereby respondent nos. 1 to 5 (hereinafter referred to as "the respondents") have been acquitted of the offences punishable under Sections 294, 506-A read with 34 and 427 read with 34 of the Indian Penal Code (for short "the IPC").

(2.) Facts leading to registration of complaint case are that on 30/12/1992 at about 5 a.m, when complainant Arun reached his field, he saw that the respondents were getting his crop of Soyabean and Paddy grazed. Upon objection of the complainant, the respondents filthily abused him and asked him to leave while threatening him of his life. Except respondent No.5 Bhagwandas, all the miscreants were armed with Lathis. They all surrounded the complainant and as complainant shouted for help, Siddhiqui, Ishwardeen (PW3) reached at the spot and intervened. Complainant then went to Police Station Saleha to lodge report, but as no action was taken by Police, complaint case was preferred by him. According to the complainant, damages worth Rs.6000/- were caused to him.

(3.) Charges under Sections 427 read with 34, 294 and 506A read with 34 of the I.P.C. were framed against the respondents. Respondents denied the charges and pleaded false implication.