SHERA Vs. KRISHAN KUMAR AND OTHERS

JUDGEMENT

(1.) Respondents No. 1 to 3 had faced trial in a complaint filed by the applicant under Section 382, 427, 447, 506 of the Indian Penal Code, 1860 ('IPC' for short). Trial Court vide order dated 21.12.2013 ordered the acquittal of respondents No. 1 to 3. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) praying for leave to appeal by the complainant-applicant.

(2.) In order to prove his case, complainant led his preliminary evidence. Respondents No. 1 to 3 were ordered to be summoned to face trial vide order dated 11.11.2006. Thereafter, complainant led his pre-charge evidence and charges were framed against respondents No. 1 to 3 under Section 382, 427, 447, 506 IPC.

(3.) The Trial Court, while ordering the acquittal of respondents No. 1 to 3, has taken in consideration that so far as statement of CW-2 Baldev Bharti is concerned, the said witness had not turned up for his cross-examination, therefore, his statement could not be read in evidence. So far as CW-3 Raj Kumar is concerned, his statement was hear-say evidence as he had deposed as per the facts disclosed to him by the sons of Rampal. Thus, statement of the complainant remained uncorroborated. So far as the statement of the complainant is concerned, the learned Trial Court held that no reliance could be placed on the uncorroborated statement of the complainant especially when litigation was pending between the parties qua the land in question. The complaint in question had been filed because of pendency of litigation between the parties. It has further been noticed by the Trial Court that this Court had directed the parties to maintain status quo with regard to property in question and no order had been passed in favour of the complainant qua delivery of possession of land to him.