SHEELA CHANDEL Vs. CHAMPA DEVI

JUDGEMENT

(1.) THIS revision is directed against the judgement, dated 20.9.2004, passed by learned Judicial Magistrate IInd Class, Bilaspur, in Cr. Case No. 168/2 of 99, acquitting the Respondents, for offence punishable, under Sections 147, 447, 323 and 506 Indian Penal Code.

(2.) THE prosecution case in brief is that PW 1 Sheela Devi reported the matter to the police that on 12.11.1999 at about 1.45 p.m, when she was raising construction of her house, the Respondents appeared and asserted that they want to construct the retaining wall on the spot.

(3.) I have heard the learned Counsel for the parties and have also gone through the record. It has been submitted by the learned Counsel for the Petitioner that learned court below has not properly appreciated the material on record and has erred in acquitting the Respondents. He has submitted that in view of evidence on record the prosecution has proved its case. The learned Counsel for the Petitioner has prayed for setting -aside the impugned judgement. The learned Counsel for the Respondents has submitted that learned court below has rightly appreciated the material on record. The view taken by the court below emerges from the evidence on record. The State has accepted the decision rendered by the trial court. There is no merit in the revision, the learned Counsel for Respondents has prayed for dismissal of the revision.