NAZEER Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants have preferred this Revision against the conviction and sentence passed by 1st Additional Sessions Judge, Gwalior in Criminal Appeal No. 20/94, decided on 17.8.94, arising out of judgment and findings dated 30th June, 1984, passed by Chief Judicial Magistrate, Gwalior, in Criminal Case No. 1463/92, whereby the applicants have been convicted for offences punishable under Ss. 452 & 323 I.P.C. but released them u/S. 360 of the Cr.P.C.

(2.) BRIEFLY stated facts are that the complainant party as well as accused persons reside within the same house though in different portions. P.W. 1 Afsar Ali son of Mubarik Ali lodged a report at 5.55p.m. on 28.1.92 in the police station Huzrat which is Ex. P/1 alleging that the incident occurred at 5.40 p.m. on same day. On the report being lodged, the police started investigation. Mubarik Ali was sent for medical examination where Dr. V.K. Diwan (P.W. 3) examined him and gave report Ex. P/2, and the police after usual investigation filed challan. On charge under Ss. 452 and 323 I.P.C. framed the accused persons abjured the guilt and pleaded false implication.

(3.) THE learned defence counsel contended that offence u/S. 452 I.P.C. is not at all made out because the complainant and accused persons live in the same house. There is no question of house trespass. They are closely related and evidence shows that there is common living. Three of the accused -applicants are just girls. They are the niece of P.W. 2 Mubarik Ali. Some domestic quarrel due to heart burning had taken place. In my opinion having regard to the facts and circumstances and the evidence on record no case u/S. 452 IPC is made out against any accused. Their conviction u/S. 452 IPC is, therefore, set aside.