MOHINDER SINGH Vs. JASWIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against order dated 11.7.1986 passed by the Judicial Magistrate 1st Class, Amritsar, whereby the accused persons were acquitted.

(2.) BRIEFLY stated, the facts of the case are that on a written complaint lodged by Shri Mohinder Singh, a case under sections 380/342 of the Indian Penal Code was registered in Police Station Division, Amritsar against the accused persons. The allegations against the accused persons are that they had in connivance with Surinder Singh son of Roshan Lal, who is nephew of the complainant, stole from the godown of the complainant wax worth Rs. 70,000/-80,000/- and kept them in their custody. On the basis of this complaint, a case was registered and it was investigated. During the course of investigation 16 bags of wax were recovered from accused Jasbir Singh and 8 bags of wax were recovered from accused Harbhajan Singh. The articles were seized under a seizure list. On completion of the investigation, the challan has been submitted.

(3.) THE prosecution examined four witnesses in all and the prosecution having failed to produce the remaining witnesses in spite of opportunities being given by the court, the learned Magistrate was pleased to close the evidence of the prosecution and thereafter recorded an order of acquittal.