- (1.) The appellant complainant is aggrieved by the judgment dated 2.4.2009 passed by Judicial Magistrate, First Class, Jaisalmer, whereby the learned Magistrate has acquitted the accused respondents No.2 to 5 for offence under Sections 447, 427 IPC.
(2.) Briefly, the facts of the case are that the appellant, Arjun Lal had submitted a criminal complaint before the Judicial Magistrate, wherein he claimed that on 27.5.2005, the accused respondents No. 2 to 5, Mag Singh, Jagmal Singh, Babu Singh & Tulachh Singh had come to his shop which was under construction. They were carrying phavda, gaiti and hammer, once they reached his shop; they started damaging the shop. Immediately, his labourers, Pola Ram and Kamal Singh rushed to his place and informed him that these people had come to the shop at 5:30 A.M. and were damaging his shop. Upon this information, he along with Khetmal Khatri, Kanahya Lal Khatri, Vasu Khatri and Mohan Khatri went to his shop where they found the accused respondents breaking his shop with the aforementioned articles in their hands. When he tried to reason with them, they rushed towards him carrying these tools. However, he was saved by other persons, who were present along with him. He further claimed that the accused respondents placed an iron gate at the shop. The statement of the complainant was recorded under Section 200 Cr.P.C. Vide order dated 12.6.2008, the learned Magistrate took cognizance, and issued process against the accused respondents.
(3.) In order to substantiate his case, the appellant examined himself as the sole witness, and submitted a single document. The defence neither examined any witness, nor submitted any document.;