KISHAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) of the Code of Criminal Procedure (in short, 'Cr.P.C.') for grant of leave to appeal against the impugned judgment dated 30.08.2014 passed by the Judicial Magistrate Ist Class, Pathankot whereby respondent No. 2 - accused has been acquitted of the charges under Sections 380, 382 and 506 of the Indian Penal Code (in short, 'IPC'), levelled against him.

(2.) THE brief facts of the case are to the effect that the complainant filed complaint with the averments that on 22.06.2008, at about 9.00 P.M., the accused came in the house of complainant. As the accused was previously known to the complainant, the complainant allowed him to stay at night in his residence. The brother of accused was also staying at the residence of the complainant on that night, by chance. The complainant deals in bamboo business and got Rs. 80,000/ - withdrawn from the nearby Bank of India on 20.06.2008 for payment of the same to the bamboo dealers. The amount was lying in a small trunk/box along with golden ornaments including mangal sutra of wife of the complainant. The accused was asked by the complainant to sleep near the box at night. When the complainant was in deep sleep, the accused started searching the room with the intention to steal the valuable articles like golden ornaments and cash amount. When the complainant woke up to answer the call of nature at about 3.00 A.M on 23.06.2008, he found that the accused was searching the room of the complainant for taking the small iron box containing the amount of Rs. 80,000/ - plus golden mangal sutra lying in that box weighing 60 grams gold and other golden ornaments like golden rings. Thereafter, the accused opened the door and came out of the room along with small iron box containing the amount of Rs. 80,000/ -, golden ring and mangal sutra and fled away from the house of complainant. The accused, who was having a knife, threatened to kill the complainant and his family members if they tried to overpower him. After leaving the house of the complainant, the accused joined the company of some unidentified persons who were already standing outside the house of the complainant and helped the accused fleeing from the house of the complainant. All the accused including Balbir Singh fled away from the house of the complainant by issuing threats of elimination of entire family of the complainant and the witnesses. The complainant approached the police, but no action was taken. Therefore, the complaint was filed.

(3.) IN pre -charge evidence, the complainant examined himself as CW 2 besides examining Balbir Singh, Clerk, Bank of India as CW 1 and Yashpal Singh as CW 3.