STATE OF J&K Vs. JASWANT SINGH

JUDGEMENT

(1.) The present appeal has been directed against judgment dtd. 29/8/2014, delivered by learned Additional Sessions Judge, Doda (Special Judge),[the trial Court, for short] vide which respondents have been acquitted of the charges under Ss. 295/447/504/506 RPC.

(2.) Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an overview of the background facts.

(3.) On 18/11/2006, a complaint, EXPW-PS came to be lodged by one Phalail Singh, who claims to be 'Mohatmin' of temple Shivaji Maharaj, Trown, Tehsil Doda. The complainant placed reliance upon Khasra Girdawari of Kharief 2006 to contend that land measuring 02 kanals, 11 marlas, comprising Khasra No. 53 min situate at village Trown belongs to Shivaji Maharaj Temple and he is looking after the Temple and its property. It was inter alia alleged by the complainant that in the afternoon of 16/11/2006, respondents trespassed into the aforesaid land, put some construction material, in furtherance of common criminal intention to damage the temple property and to defile the temple. It was alleged by the complainant, that he dissuaded the respondents/accused from doing so, but he was threatened to be liquidated by accused persons with the help of militants and they also threatened to set his house on fire. On the receipt of this complaint, FIR No. 177 of 2006 for offences under Sec. 295, 295A, 447, 427, 458, 504, 506 RPC came to be registered and investigation culminated into final report, in terms of Sec. 173 Cr.P.C for offences under Ss. 295, 447, 504, 506, 34 RPC. Offence under Sec. 295 RPC being exclusively triable by the Special Judge, the final report was laid in the trial court.