- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 10-12-1992 passed by the learned Munsif and Judicial Magistrate, 1st Class, Sirohi in Criminal Case No. 575/86 by which the learned Magistrate acquitted the accused-respondents for the offence under Sections 147, 447 and 427, I.P.C.
(2.) It arises in the following circumstances : (i) On 7-7-1986, at about 2 p.m., PW 6 Jabar Singh lodged a written report Ex. P.8 in the Police Station, Kotwali, Sirohi, before PW 8 Sabal Singh stating that he had already made a report on 5-7-1986 against the accused respondents about theft and these accused persons again, in the night at 12, destroyed the crop of Bazri and thus, action be taken against them. (ii) On this report, the police chalked out a FIR Ex. P/9 and investigation was started. (iii) After usual investigation, a challan was filed against the accused persons in the Court of Magistrate for offences under Sections 147, 447 and 427, I.P.C. (iv) The learned Magistrate on 8-12-86 framed charges for offence under Sections 147, 447 and 427 I.P.C. against the accused respondents who pleaded not guilty and claimed trial.
(3.) During trial, prosecution examined as many as 10 witnesses in support of its case and the statements of accused were recorded under Section 313 Cr. P.C. and accused respondent Daulat Singh has been examined as D. W. 1 in defence.;