RAMESHWARLAL Vs. BHAGU RAM

JUDGEMENT

(1.) The instant criminal revision petition under Ss. 397 and 401 of the Cr.P.C. has been preferred by the petitioner complainant to assail the judgment dtd. 3/11/2001 passed by the learned Sessions Judge, Merta in Criminal Appeal No. 7/2001, whereby the learned Appellate Court allowed the appeal preferred on behalf of the respondents and set aside the judgment dtd. 8/3/2001 passed by the learned Additional Chief Judicial Magistrate, Merta in Criminal Case No. 343/2000 and acquitted them from the offences under Ss. 451 and 427 IPC.

(2.) Bereft of elaborate details, succinctly stated facts of the case, which are necessary for the disposal of the instant revision petition are that the petitioner complainant submitted a written report (Ex.P/1) at the Police Station Merta City on 1/8/2000 alleging inter alia that on 22/7/2000 at about 7.00 p.m., while he had gone to his house, the respondents armed with lathis came to his cabin, which was being used as a barber shop, broke the glass and threw the chairs, which caused him a loss of Rs.2000.00. While the respondents were causing damage, he reached there and tried to stop the accused, upon which, accused Bhaguram started slapping him. The accused also threatened him, therefore, he could not lodge the report in time. On the basis of the aforesaid report, the FIR (Ex.P/2) for the offences under Ss. 447, 457, 323 and 427 IPC was registered. After usual investigation, the police submitted charge-sheet against the respondents for the above offences. The learned Trial Court framed charges against the accused for the offences under Ss. 457, 427 and 323 of the IPC, to which, the respondents pleaded not guilty and claimed trial. To prove the offences, the prosecution examined as many as 8 witnesses and exhibited various documents. Thereafter, the statements of the accused were recorded under Sec. 313 Cr.P.C. They did not produce any oral or documentary evidence. After appreciation of the evidence available on record and hearing the Counsel for the parties, the learned Trial Court convicted the respondents for the offences under Ss. 451 and 427 of the IPC while acquitting them from the charges under Ss. 457 and 323 of the IPC. However, instead of sending the accused to jail, the learned Trial Court gave them the benefit of probation and directed them to pay a compensation of Rs.2000.00 to the complainant in lieu of the damage caused to his cabin.

(3.) Being aggrieved of the judgment passed by the learned Trial Court, the respondents preferred an appeal before the learned Additional Sessions Judge, Merta. Learned Appellate Court re-appreciated the evidence and after hearing the arguments advanced by the parties allowed the appeal vide judgment dtd. 3/11/2001 and acquitted the respondents from the charges under Ss. 451 and 427 IPC.