[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 225/2008 STATE OF RAJASTHAN Vs. RICHPAL SINGH & ORS. Date: 29.07.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal leave to appeal under Section 378(i)(iii) Cr.P.C. is directed against the impugned judgment dated 27.11.2007 passed by the Judicial Magistrate, First Class, Sikar in Criminal Case No. 98/2002, whereby the accused-respondents have been acquitted from the offences under Sections 147, 447 and 427 IPC giving benefit of doubt. The judgment impugned in this leave to appeal has been challenged on the ground that the trial Court has not considered the statement of complainant PW1 Hanuman Prasad, who has categorically stated that on 12.09.2002 when his brother Pooran Mal and his son Bajrang Lal were sleeping in the house, the accused-respondents forcibly entered in the house from back side armed with deadly weapons like Fawra, Saria and Gaiti etc. and threatened his brother and son to face dire consequences if they cried. The accused- respondents also damaged the house, doors and taken away some items with them. [2] I have heard learned counsel for the appellant State and have also gone through the impugned judgment dated 27.11.2007 passed by the trial Court. The trial Court while passing the impugned judgment, considered the statements of 11 prosecution witnesses including the statement of PW1 Hanuman Prasad, the complainant and the other evidence and material available on the record and relied upon the statements of Bajrang Lal and Pooran Mal, who have stated that they have not seen the incident of trespassing the complainant's house and breaking the stone slabs. Since, the witnesses have not corroborated the story of the prosecution, therefore, while giving benefit of doubt the accused-respondents have been acquitted from the offences under Sections 147, 447 and 427 IPC vide impugned judgment dated 27.11.2007. This Court do not find any illegality or error in the impugned judgment dated 27.11.2007 passed by the Judicial Magistrate, First Class, Sikar and the same requires no interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/