RAJENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the order dated 27.4.2011 passed by learned Judicial Magistrate, 1st Class, Bandikui, Distt. Dausa in Criminal Case No. 408/2008 (535/2006) whereby he trial court has acquitted the accused respondents for offence under Section 448 of 424 IPC. Briefly stated facts of the case are that on 7.10.2006; complainant submitted a written report to PS Bandikui being FIR No. 630/2006 for the offence under Sections 448, 427 and 379 IPC. After investigation, police filed challan before the Judicial Magistrate, Bandikui for offence under Sec. 448 and 427 IPC. The trial court framed charge against the accused respondents for the aforesaid offences, to which they denied and claimed to be tried. The prosecution in support of its case examined certain witnesses and got exhibited certain documents. Statement of accused respondent under Sec. 313 Cr.P.C. were recorded. The trial Court after hearing both the parties, acquitted the accused respondents for the aforesaid offences vide impugned order dated 27.4.2011. Against the said order, this appeal has been preferred.

(2.) Learned counsel for the appellant has contended that the trial Court has not appreciated the evidence in its right perspective, and has also not properly considered the statements of prosecution witnesses. It is further contended that appeal deserves to be allowed for the reason that PW-1, PW-3 and PW-6 in their statements have stated that the accused have demolished the wall of the temple and further they take away the construction material. There were no discrepancies in the testimony of these witnesses, hence the order impugned dated 27.4.2011 should be set aside.

(3.) On the other hand, learned Public Prosecutor has opposed the same and supported the impugned order passed by trial court dated 27.4.2011, and contended that the trial Court has passed the order after due appreciation of evidence and material available on record, hence appeal should be dismissed. Relevant portion of the impugned order reads as under: