7.In this case, the defacto-complainant has clearly stated in his complaint that the accused persons had criminally trespassed into his house and caused damage to the T.V, Almirah, Clock, Gas Cylinder and when the same was questioned by him, the accused No.1, took a wooden log and criminally intimidated by saying that he will finish him and bury there itself. He further stated that he immediately raised alarm and on hearing the same the other witnesses came there and on seeing them, the accused persons ran away. The same statement has been made in the statement recorded under Section 161 (3) Cr.P.C. also. So it is clear that unless the witnesses came there something would have happened. In the aforesaid case nothing was mentioned in the complaint with regard to criminal intimidation and only subsequently during investigation, a bald and vague allegation of criminal intimidation was made. Whereas in this case, in the complaint itself the defacto complainant has clearly stated with regard to the criminal intimidation made by the accused No.1. Therefore, aforesaid decision will not help the petitioners herein.
