J.P.Semwal, J. - (1.) This appeal is directed against the judgment and order dated 21-4-1978, passed by the Judicial Magistrate, Mahoba, acquitting the respondents-accused under Sections 323, 504, 506/34 of the I.P.C.
(2.) The Appellant-Complainant Kishorilal filed complaint on 22nd July 1976, against the respondents-accused with the allegations that on 21-7-1976, at about 8.00 a.m., in village Mirtala, P. S. Mahoba, accused persons were blocking passage of the complainant and his family members by constructing wall on the "Kuliya", lying between their houses. Smt. Indrani, mother of the complainant made protest whereupon, accused persons started hurling abuses on the complainant and his father and the accused Nos. 2 and 3 caused injuries to Smt. Indrani by attacking her with fists, kicks and Dandas. All the three accused persons also threatened to cause injury to the person and property of the complainant and his parents. The occurrence was witnessed by the witnesses Rajendra Prasad, Mathura and Ramesh. The complainant lodged report of the occurrence at P. S. Mahoba on 21-7-1976 at 12.15 p.m. and the injuries of Smt. Indrani were got examined at Male Hospital Mahoba at 5.00 p.m. According to the complainant, incident had also taken place prior to 21-7-1976, when the accused persons had placed Khapra etc. on the aforementioned 'Koliya' due to which the flow of water was diverted towards the house of complainant. When Smt. Indrani, mother of the complainant, wanted to remove Khapra, the three accused persons abused Smt. Indrani and accused No. 2 Smt. Chhikharawali and accused No. 3 Mool Chand, attacked her with Danda.
(3.) After the complaint was filed, the learned Magistrate, on the basis of statements under Sections 200 and 202 Cr.P.C. and other evidences on record found that prima facie case under Sections 323, 504, 506 Cr. P.C. was made out and he, accordingly, summoned the accused persons;