STATE OF PUNJAB Vs. KRISHAAN DUTT AND OTHERS

JUDGEMENT

(1.) By way of this order I shall dispose of CRA No. 988-SB of 2000 (State of Punjab vs. Krishaan Dutt and others) and Crl. Revision No. 206 of 2000 (Housefed, Punjab vs. Retd. Col. Puran Singh and others) as they have arisen out of the common judgment dated 5.8.1999 passed by the Court of Sub Divisional Judicial Magistrate, Kharar whereby the respondents/accused have been acquitted of the offence charged against them.

(2.) Briefly stated, on 29.12.1995, the Managing Director of Punjab Housefed made a complaint to the police inter alia alleging that Punjab Housefed ( in short "Housefed") is the owner of Flats bearings No. 1333/G, 1361/G, 1379/G, 1381/G, 1328/1, 1349/1, 1371/1, 1383/1 and 1389 /1 of Shri Guru Teg Bahadur Housing Complex, Sector-70, Phase-12 Mohali, and the same are occupied by the Housefed. In these flats, articles belonging to the Housefed were stored. The flats were put to auction by Housefed on 30.10.1995 but the auction was stayed by the Sub Judge, Kharar. On the night of 28.12.1995, Col Puran Singh resident of Flat No. 1215/1 and Sh. K.D Sharma resident of Flat No. 1381/G, office bearers of the society alongwith other accused committed lurking house tresspass by breaking open the locks with an intention to commit theft and retain property unlawfully. FIR No. 157 dated 30.12.1995 for offence under Sections 447, 448, 456, 457 and 120-B IPC was registered in Police Station Mohali. During investigation, statements of the witnesses were recorded. The accused were arrested. After completion of necessary investigation formalities, a report was submitted to the Court of Magistrate concerned for trial of the accused.

(3.) Finding a prima facie case, charge for offence punishable under Sections 427, 447, 448, 456, 457 and 120-B IPC was framed against all the accused except Col. Puran Singh (since declared as Proclaimed Offender) to which the accused did not plead guilty and claimed trial. To prove its case, prosecution examined Rajinder Singh PW-1, ASI Abdul Rashid PW-2, Suman Rani Bansal PW-3, Manohar Lal Soni PW- 4, Manjit Singh PW-5 and Som Pal PW-6. The prosecution also tendered into evidence documents Ex, PW2/A to Ex. PW6/A.