MILAP CHANDRA,J. - (1.) THIS is an appeal against the judgment of the Additional Sessions Judge, Sirohi dated 19 -7 -1976 by which he allowed the appeal of the accused -respondent and acquitted him of the offence punishable under Section 447, IPC. The facts of the case giving rise to this appeal may be summarised thus.
(2.) ON 31 -10 -1969, the complainant Gulab filed a complaint under Sections 447, 448, 454 and 380, IPC against the accused -respondent Anand Singh in the Court of Munsif -cum -Judicial Magistrate, Bali to the effect, in short, the accused Anand Singh demolished his 'Dhalia' and removed his articles from his disputed plot and on 24th August, 1969, the accused asked him to file a complaint against him when he protested against it. After preliminary enquiry, the learned Magistrate framed charges under Sections 379 and 447, IPC against the accused. After full trial, he acquitted him under Section 379, IPC and convicted under Section 447, IPC. On appeal, the learned Additional Sessions Judge, Sirohi set aside the conviction of the accused under Section 447, IPC on the ground that the complainant has failed to prove that the trespass was committed by the accused with an intention for annoy, insult or intimidate him. It has been contended by the learned Counsel for the complainant -appellant that the learned Additional Sessions Judge has seriously erred in holding that offence under Section 447, IPC was not proved for want of evidence regarding insult, annoy or intimidation. He contended that it is well proved from the evidence on record that the accused Anand Singh committed trespass with an intention to insult, annoy or intimidate the complainant Gulab.
(3.) THE learned Counsel for the accused -respondent Anand Singh duly supported the order under appeal.;