DHALAMANI SINGH Vs. JERMAN SINGH

JUDGEMENT

(1.) THIS appeal by the complainant is directed against the judgment of a Magistrate acquitting the four respondents of their charges under Sections 447 and 323 of the IPC

(2.) THE prosecution case is that on 22 -10 -1968 the respondents committed criminal trespass into the homestead of the complainant and assaulted him with lathis out of previous grudge. He sustained bleeding injuries on various parts of his person. The complainant examined himself and three other witnesses. P. W. 1 is the complainant himself. In his deposition he has stated that the respondents went to his home and respondent No. 1, Jerman Singh, gave him strokes with a lathi on his person causing bleeding injuries and as he shouted the other accused persons could not come to assault him. He had, however, stated in the complaint petition that all the respondents trespassed into his homestead together and assaulted him.

(3.) IT is, therefore, quite clear that there is absolutely no case against respondents Nos. 2, 3 and 4 either under Section 447 or 323 of the IPC and the appeal against them is absolutely unwarranted.