WATTAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellant/complainant (hereafter referred to as the complainant) against the judgment dated 24.11.2003, passed by the learned Additional Chief Judicial Magistrate, Amb whereby the respondents/accused (hereafter referred to as the accused) have been acquitted of a charge under Section 435 read with Section 34 of the Indian Penal Code.

(2.) Brief facts leading to the filing of the present appeal are that the complainant, admittedly lodged an FIR against the accused for having set on fire his private forest whereby some trees belonging to the complainant were damaged/destroyed. When the complainant felt that the police was not doing anything substantial in the matter, he lodged a complaint against the accused persons based on the aforesaid facts coupled with the allegation that the police, in connivance with the accused, prepared a charge-sheet under Section 285 of the Indian Penal Code and sent the same to the Panchayat for trial. On the basis of preliminary evidence led by the complainant, the accused were summoned and on the basis of pre-charge evidence, a charge under Section 435 read with Section 34 of the Indian Penal Code was framed against them. On consideration of the material brought on record, the trial Magistrate came to the conclusion that the charge against the accused was not proved, therefore, acquitted them. Hence this appeal.

(3.) I have heard the learned counsel for the parties and have also gone through the records.