BARKAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant complainant has filed the present Criminal Leave to Appeal under Sec. 378(4) Cr.P.C against the judgment dtd. 15/3/2019 passed by learned Judge, Gram Nyayalaya Sankda Headquarter, Pokaran, District Jaisalmer in Criminal Case No. 74/2016 whereby the accused respondents No. 2 to 4 have been acquitted from the offences under Sec. 447, 427 r/w 34 IPC.

(2.) Brief facts of the case are that the appellant complainant filed a complaint before the learned Magistrate which was sent for registration of FIR under Sec. 156(3) Cr.P.C. As per allegation in the complaint, land of father of appellant is located in Khasra NO. 14 & 15 measuring 16.02 bigha in village Nathusar. It is alleged that on 6/6/2016 when the appellant was in Pokaran, the accused respondents came to his land armed with weapons and started abusing the family members of the complainant. It is alleged that the respondents uprooted the stone slabs and took them in the vehicle and thus caused financial loss of Rs.1500.00On this report a FIR No. 93/2016 was registered against the respondents for offence under Ss. 447, 427 read with 34 IPC and investigation commenced. After investigation, challan was presented against the respondents No.2 to 4.

(3.) The trial Court framed charge against the accused respondents for offence under Ss. 447, 427 & 34 IPC. The accused respondents denied the charge and claimed to be tried.