STATE Vs. KIRPA RAM

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant-State against the judgment dtd. 25/5/1999 passed by the learned Chief Judicial Magistrate, Jodhpur ('trial court') in Case No. 154/94, whereby the present accused-respondents were acquitted of the offences under Ss. 447, 427, 323, 325, 323/34 and 325/34 IPC.

(2.) Learned Public Prosecutor appearing on behalf of the appellant-State submits that an FIR bearing No. 134/93 was lodged by one Devi Singh (complainant), alleging therein that on 12/10/1993, at about 09:00 p.m., while the complainant and his family were sleeping after having dinner, on that day, at about 12:00-01:00 in the night, 10-12 persons came on two tractors and started throwing stones and shouted, while using abusive language and telling the complainant and his family to leave the place (house), otherwise, they would be killed; those persons included the present accused-respondents also.

(3.) On the other hand, learned counsel for the accused-respondents submits that there are cross criminal cases between the parties, apart from a litigation, pertaining to a land dispute, pending between them.