DANA RAM Vs. STATE OF RAJ & ORS

JUDGEMENT

(1.) The complainant-appellant, Dana Ram, is aggrieved by the judgment dated 15.12.2008, passed by Judicial Magistrate, Sri Dungargarh, whereby the learned Magistrate has acquitted the respondents No.2 to 7 for offences under Sections 148, 452,323 read with Section 149 IPC.

(2.) The brief facts of the case are that Dana Ram (P.W.1), had submitted a complaint before the learned Magistrate, wherein he had claimed that on 15.9.2000 around 7:00 A.M., while he was having his breakfast in front of his hut, the accused respondents No. 2 to 7, Srichand, Surmal, Hadmana Ram, Teja Ram, Poora Ram and, Dungar Ram, armed with Kasiya, Fawada and lathies, entered his farm, and walked towards his house. Since his brother and he were frightened, they ran inside the house.

(3.) Their mother tried to raise a hue and cry. Meanwhile, the accused respondents pulled the complainant and his brother out of the house, and assaulted them with fists and kicks. On the basis of this complaint, the learned Magistrate took cognizance of offences under Sections 452, 323, 147 and 148 IPC.