NAND LAL Vs. SURESH KUMAR

JUDGEMENT

(1.) THE complainant Nand Lal has filed this revision against the judgement, dated 18.5.2007, passed by the learned Judicial Magistrate Ist Class, Court No. 2, Ghumarwin, in case No. 114/2 of 2004, thereby acquitting the respondents, under Sections 451, 427, 504, 506 read with Section 149 of the Indian Penal Code.

(2.) THE prosecution story is that learned Additional Chief Judicial Magistrate directed the police to investigate the case, and such direction was received in the Police Station, Bharari on 19.6.2004. According to complainant Nand Lal respondents formed an unlawful assembly on 15.6.2004 at mid-night with common object to forcibly occupy the house of the complainant. The respondents entered into the courtyard of the complainant and damaged his stair case. One Smt. Kashmiri Devi informed the complainant regarding the breaking of the stair case. The complainant tried to stop the respondents from committing the offence, but the respondents threatened the complainant to kill him and his family members. They also threatened to put the property of the complainant on fire. The complainant suffered a loss of Rs. 1500/- due to illegal acts of the respondents. An FIR was registered, case was investigated and after completion of the investigation, challan under Sections 451, 427, 504, 506 read with Section 149 of the Indian Penal Code, was put up against the respondents in the court. The respondents were charged to which they pleaded not guilty and claimed trial. The prosecution examined six witnesses. The statements of respondents were recorded, under Section 313 Cr.P.C., and they did not lead any evidence in defence. The learned Judicial Magistrate acquitted the respondents. The State has opted not to file an appeal, therefore, complainant Nand Lal has preferred the present revision.

(3.) PW 4 Smt. Kashmiri Devi has stated that at about 11.45 p.m. on 15.6.2004, Suresh Kumar and others under the influence of liquor were abusing behind her house. Thereafter they had broken the stairs of Nand Lal. In cross-examination, she has admitted that she had litigation with the respondents. She is not on speaking terms with the respondents for the last 2-3 years. Asha, Ramesh, Dev Raj and Meera were standing there. Respondent Suresh was breaking the stairs and other respondents were standing. She brought Nand Lal on the spot.