ATTAR SINGH Vs. SARUP SINGH AND ORS

JUDGEMENT

(1.) Instant appeal filed under Section 378 of the Code of Criminal Procedure is directed against the judgment dated 05.02.2009 passed by the learned Judicial Magistrate, Ist Class, Indora, District Kangra, H.P. in Criminal Case No. 9-II/2007 whereby private complaint under Section 156(3) filed on behalf of the appellant-complainant, came to be dismissed, as a result of which respondents-accused were acquitted of charges under Sections 447 and 323 of the Indian Penal Code (hereinafter referred to as IPC) read with Section 149 of IPC.

(2.) Briefly stated facts as emerged from the record are that appellant (hereinafter referred to as complainant) preferred a complaint under Section 156(3) Cr. PC in the Court of learned JMIC, Indora, District Kangra, HP, which came to be registered as criminal case No. 9-II/2007, alleging therein that on 7.7.2003 accused persons carrying sticks in their hands forcibly entered the land possessed by the complainant comprised in Khasra No. 293 situate in village Gangwal Behri.

(3.) Complainant with a view to prove his complaint examined as many as four witnesses, whereas, accused in his statement under Section 313 Cr. P.C denied the case of the complainant in toto. Accused persons in their defence also tendered documents Ext. D1 to Ext. D-4.