JANTA SINGH Vs. TEJA SINGH AND OTHERS

JUDGEMENT

(1.) The complainant has filed this appeal challenging the judgment dated 15.1.2010 passed by the Judicial Magistrate Ist Class, Mansa, vide which the accused were acquitted of the charges under Sections 420/467/468/471 IPC.

(2.) Briefly the facts of the case are that the complainant-Janta Singh and accused Nos. 1 and 2 had purchased a tractor Swraj-735 jointly after raising a loan from the Punjab National Bank and the same was duly registered. The tractor was being used by the parties commonly for cultivating their lands as per the need of each of the parties. Some time after purchasing the tractor, the complainant inquired about the whereabouts of the tractor from the accused. He was informed that the tractor has been sent out of the village for cultivating the land of some relatives of the respondents. As the whereabouts of the tractor were not known for a long period, the complainant had doubts and started making inquiry to find out the whereabouts of the tractor. He came to know that the respondents had sold the tractor to one Buta Singh R/o Village Bhudan, Tehsil Malerkotla, without re-paying the loan amount and without obtaining the consent of the complainant. The complainant lodged a complaint before the Senior Superintendent of Police, Mansa. However, no action was taken on his complaint.

(3.) Thereafter, the complainant filed a complaint before the trial Court and after recording of the preliminary evidence the accused were summoned and were charged under Sections 420, 467, 468 and 471 IPC. In order to sustain the conviction under Section 420 IPC, it was incumbent for the complainant to prove that the accused had deceived him and that they had dishonestly sold the tractor. However, the complainant led no evidence apart from his representative to show that the respondents had deceived him.