JUDGMENT :

Surinder Singh, J.

The respondents were charge-sheeted, tried and acquitted for the offences punishable under Sections 452, 323 and 506 read with Section 34 of the Indian Penal Code. State felt aggrieved, as such filed the present appeal.

2. Briefly stated the prosecution case is that PW2 Malook was the guest of the complainant Gulam Hussain and stayed for the night in his house in one of the rooms. The wife of the complainant had gone to some other village to attend `Jagaran'. Complainant and his son slept in another adjacent room. The door was open, it being a summer time, but its "Jali door" was closed having bolt or lash.

3. During the intervening night of 9th/10th May, 2003, around 12.30 a.m. when complainant Gulam Hussain was sleeping along with his son, he heard the sound of walking of someone in the verandah. On this, he got up and asked as to who was there. Immediately thereafter the respondents entered in his room holding a Danda but caught hold of him from his neck and fisticuffed him. He raised hue and cry with the result his son and PW2 Malook sleeping in their respective rooms got up. Ali Hussain his neighbour also got attracted by his cries and reached the spo