TULSI RAM Vs. DHANU RAM AND OTHERS

JUDGEMENT

(1.) The complainant/appellant herein, is aggrieved, by the judgement of acquittal pronounced by the learned Judicial Magistrate 1st Class, Court No. 4, Mandi, District Mandi, H. P, upon, Complaint No. 8- II/2007, on 12.07.2010, hence has instituted therefrom the instant appeal before this Court.

(2.) The facts relevant to decide the instant case, are, that the complainant is owner in possession of land comprised in Khasra No.817, situated in village Bataur, Illaqua Tungal, Sub-Tehsil Kotli, District Mandi, H.P. On 29.3.2007, at about 6.30 p.m., all accused formed an unlawful assembly and in prosecution of object of said assembly, accused first trespassed into the land of the complainant, and, thereafter cut and removed the wheat crop from the said land. When the complainant along with her daughter and son-in-law, attempted to resist them, accused started abusing the complainant and her family members by using filthy language, i.e. "Teri Maan Ka Khasam, Joo Hum Ko Rokne Wala Kaun Hota Hai, Yahan Se Chali Faao, Nahin to Tujhe Aur Tare Saare Khandan Ko Jaan Se Khatam Kar Dunga". When complainant cried for help, accused ran away from the spot with the wheat bundle. Accused persons had cut and removed the wheat crop from three fields costing Rs.1500.00. Thus, accused persons have committed offences punishable under Sec. 379, 427, 447, 504, 506 and read with Sec. 149 of the Penal Code. It is alleged in the complaint that the accused are habitual offenders. They have already committed same offences about 7-8 months back for which another complaint is pending before the Judicial Magistrate 1st Class, Court No.III, Mandi. Complainant is old man of 70 years but accused are having vicious nature and as such, there is every apprehension of committing any heinous offences, if they are not dealt with in accordance with law. Hence the complaint.

(3.) After presentation of the complaint, the complainant's preliminary evidence was recorded, and, upon, a prima facie case hence being found, against, the accused, they were hence summoned. On their appearance before the learned trial Court, they were charged for theirs committing offences punishable under Sections 379, 427, 447, 504, 506 read with Sec. 149 of the Penal Code. In proof of his case, the complainant examined three witnesses. On conclusion of recording, of, the complainant's evidence, the statement of the accused under Sec. 313 of the Code of Criminal Procedure was recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication.