KARAM SINGH Vs. RANJIT SINGH AND OTHERS

JUDGEMENT

(1.) By way of this revision petition, the petitioners/complainants have challenged the judgment passed by learned Judicial Magistrate 1st Class, Ghumarwin, Distt. Bilaspur in Case No. 470/2 of 2004 dated 30.3.2007 vide which learned trial court has acquitted the accused for commission of offences punishable under Sections 147, 447, 427, 504 and 506 IPC.

(2.) The case of the prosecution was that a complaint was forwarded by learned Addl. Chief Judicial Magistrate, Ghumarwin to Police Station, Ghumarwin which was received on 19.1.2004, on the basis of which, FIR under Sections 379, 427, 447, 504, 506 read with Section 34 of IPC was registered against the accused. The genesis of the complaint was that complainant was owner in possession of land comprised in Khasra No. 6 and 15 situated in village Abdhani Ghat, Pargna Tiun, Tehsil Ghumarwin, Distt. Bilaspur. On 9.1.2004 at around 9:00 a.m. accused persons with common intention and common object entered the said land of complainant unlawfully and started digging the same and uprooting the trees of complainant with the help of J.C.B which was being driven and operated by accused Sonu and Rink. Further as per complainant the accused cut one tree of Preuni, two trees of khair, one tree of Hara Bieul, one tree of Simbal and trees of Bans Beed total costing of Rs. 6,000/-. It was further his case that accused dishonestly removed and had stolen the said trees. It was further his allegation that when family members of complainant objected then accused persons started abusing them and also threatened them with dire consequences. It was further his case that accused unlawfully and purposely entered the land of complainant and dismantled the Pucca Danga and caused loss of more than Rs. 10,000/-.

(3.) After registration of FIR investigation was carried out and challan was filed in the Court. As a prima facie case was found against the accused for having committed offence punishable under Sections 147, 447, 427, 504 and 506 IPC, notice of accusation was put to accused to which they pleaded not guilty and claimed trial.