Mahesh Bhagwati, J. - (1.) CHALLENGE in this criminal revision is to the judgment dated 23rd September, 2004 rendered by the Special Judge SC/ST (prevention of Atrocities) Cases, Dausa, whereby the accused non petitioners No. 2 to 4 have been acquitted of the offences under Sections 504, 323, 427 and 447 of Indian Penal Code and Section 3(1)(iv) and 3(1)(x) of SC/ST (Prevention of Atrocities) Act (here -in -after to be referred to in short as "Act").
(2.) NECESSARY facts giving rise to this criminal revision, in nut shell, are thus: The complaint of the complainant Bhagwan Sahai reached police station Dausa en -route the Home Minister of the State of Rajasthan, whereupon the case was registered and the investigation commenced. Police, after completion of the investigation, filed the charge sheet in the Court and the Court on completion of trial, acquitted the accused non petitioner No. 2 to 4 of the alleged charges as indicated here -in -above. that the complainant Bhagwan Sahai purchased 1/8th share of the land of its owner Abdul Samad from his Power of Attorney holder through an agreement to sell. It is stated that on 17.2.2000, when they entered into an agreement to sell, he paid Rs. 50,000/ - advance to him and took the possession of the said land. He raised a boundary wall on this land to the height of 3 ft. It is alleged that on 28th July, 2002 when he reached at his land, he found Kayyum Haji, Abdul Gani, Abdul Kareeb, Shahid and three or four more persons there, who armed with persons there, who armed with deadly weapons viz. Lathi, Danda, Fawdi and iron rods, were committing criminal trespass. It is further alleged that these persons endeavored to damage the boundary wall by picking up the stones, damaged water tank and other things. Heard learned Counsel for the complainant -revisionist, learned Counsel for the non petitioner's No. 2 to 4 and the learned PP appearing for the State and carefully perused the relevant material on record.
(3.) HAVING considered the submissions and carefully scanned the statement of 16 prosecution witnesses, it is noticed that PW 2 Abdul Khaleel, PW -3 Kamlesh Kuamr Sharma, PW -7 Abdul Salam, PW -8 Mohd. Afsar, PW -11 Abdul Kadir, PW -12 Mohammd Imran and PW -14 Prahald have not supported the prosecution case and turned hostile.;