STATE OF H.P. Vs. SANJIV KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 29th May, 2000 passed by Judicial Magistrate, Ist Class (4), Shimla, in Criminal Case No.182/2 of 1999/98 titled as State Vs. Sanjiv Kumar and another acquitting the accused persons of the charged offence under Sections 448 and 506 read with Section 34 of the Indian Penal Code.

(2.) AS per the case of the prosecution, the matter was reported to the police vide complaint (Ext.PW-3/A) on the basis of which F.I.R. No.256/98 under Sections 448, 506 and 34 I.P.C. was registered with Police Station, Sadar Shimla. As per the complaint, Roshan Lal (PW-3) was a tenant and in possession of one room, one kitchen, one toilet and one 1 Whether reporters of Local Papers may be allowed to see the judgment? bathroom in the premises known as Basant Cottage, Ruldu Bhatta, Lakkar Bazar, Shimla. On 10th September, 1998, in the absence of the complainant the accused persons tress- passed into the tenanted premises and permanently closed the door of the bathroom by raising a wall with the intention of dis-possessing the complainant from the tenanted premises.

(3.) IN order to prove its case, the prosecution examined eight witnesses and the statements of the accused persons under Section 313 Cr.P.C. were also recorded. As per the accused persons, the complainant is a tenant of only two rooms and not the bathroom.