STATE OF M P Vs. RAM AUTAR

JUDGEMENT

(1.) This appeal by the State is against the acquittal of the respondents by Judicial Magistrate First Class, Bilaspur in Criminal Case No. 192 of 1981, vide his judgment dated 28.6.1982:

(2.) The prosecution story briefly stated is that respondent Babulal bad a wooden stall on a platform outside the house of Umashanker (P. W. 1). It is said that the permission in that behalf had been taken from the father of Umashanker. In July, 1981 the Nazul authorities had statted some proceedings with regard to the alleged trespass committed at that place. Notices in that behalf had been issued to the parties. In those proceedings that wooden stall had been dismounted on 1-7-1981. On 9-7-1981 at about 6.30 A.M. Umashanker (P.W. 1) from the terrace of his house saw that the respondents were again trying to fix the wooden stall at that very place. He, therefore, informed about it to his uncle Shiv Prasad (P.W. 4) a practising advocate. Shiv Prasad was then sitting in his office. When he wanted to go out, he found that one of the doors which presumably opens on that platform, had been locked by the accused. Umashanker was asked to tell the accused as to why they were committing that unlawful act. Anil Kumar Gupta (P.W. 2) who is the son of Shiv Prasad Gupta (P.W. 4) and is an advocate informed his father Shiv Prasad Gupta about the accused trying to put in their stall.

(3.) On being asked by Shiv Prasad Gupta (P.W. 4), Umashanker (P.W. 1) went to the accused and told them not to fix the stall. The allegation is that the accused started giving abuses and even assaulted Umashanker. Hearing these abuses, Shiv Prasad Gupta (P.W. 4) and his son Anil Kumar Gupta (P.W. 2) came out and even they were manhandled. Umashanker (P.W. 1) lodged the first information report Ex. P. 1 in the Police Station on the same day at about 7-15 A.M. Head Constable Guizar Singh (P. W. 5) recorded this report Ex. P. 1.