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2019 Supreme(SC) 663

D.Y.CHANDRACHUD, HEMANT GUPTA
PUNI DEVI – Appellant
Versus
TULSI RAM – Respondent


Advocates appeared:
For the Appellant : Ms. Radhika Gautam, Adv.

ORDER :

Dhananjaya Y. Chandrachud, J.

Leave granted.

2. None appears for the complainant-respondent despite service of notice.

3. This appeal arises from a judgment dated 20 November 2018 of a learned Single Judge of the High Court of Himachal Pradesh by which a judgment of acquittal has been reversed. The appellants were tried for offences punishable under Sections 379, 427, 447, 504 and 506 read with Section 149 of the Penal Code.

4. The trial before the Chief Judicial Magistrate, Mandi arose out of a private complaint No. 8-II/2007. The case of the complainant (the respondent before this Court) is that he is the owner in possession of land comprised in khasra No. 817 situated at Village Bataur, Illaqa Tungal, Sub-Tehsil Kotli, District Mandi. It was alleged that on 29 March 2007 at about 6.30 pm, the accused formed an unlawful assembly and trespassed into the land of the complainant. It was alleged that thereafter they cut and removed the wheat crop from the land. When the complainant along with his daughter and son in law attempted to resist them, it is alleged that the accused abused the complainant and the members of her family. It is alleged that the accused thereafter ran away f






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