Chander Bhusan Barowalia, J.

1. The present criminal appeal, under Section 378 of the Code of Criminal Procedure has been maintained by the appellant-State, against the judgment of acquittal, dated 25.05.2007, passed by the learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P., in criminal case No. 37/2 of 2006.

2. The key facts, giving rise to the present appeal as per the prosecution story are that on 02.05.2006, at about 7.30 a.m., when Chiranjilal/complainant (here in after to called as “the complainant”) was irrigating his fields at Halonipul, he noticed that supply of the water from the baandh was stopped and when he went to ascertain the same, he found that baandh was broken by the accused persons and they were irrigating their fields, despite the fact that it was not their turn to irrigate the fields. When complainant objected and tried to make baandh again, all the accused persons started giving beating to the complainant and one of the co-accused, Sunita Sharma having darati in her hand, torn clothes of the complainant. On receiving beatings, the complainant raised cries and on hearing his cries, his brother Vinod Kumar came on to the spot and res