RAMSHANKAR MISHRA Vs. AVDHESH CHAUDHARY AND ANOTHER

JUDGEMENT

(1.) The petitioner-complainant has filed this revision under Section 397 read with Section 401 of Code of Criminal Procedure against the judgment dated 28.9.2004 passed by the Court of V Additional Sessions Judge, Bhind in Criminal Appeal No.116 of 2004 acquitting the respondent no.1-accused, setting aside the judgment dated 21.7.2004 passed by the Court of Judicial Magistrate First Class Bhind in Cr.Case No.218 of 1999 whereby the respondent no.1-accused was convicted and sentenced under Section 456 of Indian Penal Code.

(2.) No exhaustive statement of facts is required to be narrated for the purpose of this revision. Suffice it to say that before 14-15 years back, the complainant/petitioner Ramshankar Mishra took the shop on rent owned by the respondent no.1-accused. As usual, on 24rth December 1994 in the evening complainant closed the shop and went his home. Thereafter, on the next day morning at 5 AM, he was told by his neighbours that some cloths and sign board of his shop were lying in front of the house of Munshilal Liloiwale and Chaudhary Karora. On this, the complainant went to the spot and found that some cloths and sign board of the shop were lying there. He went to the Kotwali District Bhind and informed the police. Thereafter, when he went to the shop, he found the respondent No.1/accused Chaudhary Awdhesh Kumar along with a man armed with a gun standing near the shop. The respondent no.1-accused told the complainant that he was not ready to vacate the shop and now he would see what had happened to him. Hearing this, the complainant left the place quietly and returned to the Kotwali and apprised the Town Inspector about the incident, on which, an FIR Crime No.291 of 1994 was lodged at Kotwali District Bhind and a case was registered against the respondent no.1-accused. During investigation a spot map Ex.P/2 was prepared, the scattered clothes were seized vide Ex.P/1 and after investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class Bhind.

(3.) The learned trial court framed the charge against the accused under Section 456 of IPC and after completion of trial, convicted the respondent no.1-accused under Section 456 of IPC and sentenced him to undergo Six months RI with fine of Rs.500/-. Being aggrieved by the judgment of conviction, respondent no.1-accused preferred Criminal Appeal No.116/04 before V Additional Sessions Judge, Bhind and learned appellate Court vide impugned judgment, acquitted the respondent no.1-accused as indicated herein above.