(1.) This judgment is being dictated in open Court in the presence of the learned counsel for the parties.
(2.) On 12th November, 1996 FIR No. 137/96 was registered with the Police Station Gagret under Sections 435, 448 read with Section 34 of the Indian Penal Code.
(3.) Briefly, the case of the prosecution as set out is that on 12th November, 1996 at about 8 p.m. at Village Gagret the accused in furtherance of their common intention entered the house in possession of the complainant Kaushalya Devi and threw away her articles as also burnt books and clothes. This was done while she was away to Village Kalcha to attend a wedding ceremony and her daughter Renu was alone when accused persons entered her tenanted premises and threw away articles and burnt the books and clothes with a view to take forcible possession of the tenanted premises. The incident is stated to have taken place at 8 p.m. and the matter was reported at about 8.45 p.m. on the same day and the complainant's statement under Section 154, Cr. P.C. was recorded.