(1.) Through this instant revision, the petitioner has assailed the impugned judgments dated 08.01.2014 of the trial court acquitting the petitioner under sections 295-A, 323,380,452, 506 and 149 IPC and dated 22.4.2015 of the first appellate court, dismissing his appeal, thereby affirming the judgment of acquittal dated 08.01.2014 passed by the trial court.
(2.) Criminal law was set into motion on the basis of the statement of complainant Bhupinder Singh made before ASI Jaswant Singh, to the effect that he runs a spare part shop at Nirankari Mohalla, Ludhiana. On 14.8.2002, he purchased a shop from Satinder Pal Singh and his wife Harpreet Kaur for Rs.7,25,000/-. An agreement, to this effect, was executed by respondent nos. 2 to 5 in his favour. After the shop was purchased, the petitioner did not start any business. He had only placed his furniture therein. He used to visit his shop oftenly. At around 8.00 PM, on 01.05.2003, when he went to his shop, he saw that accused persons, namely, Satinderpal Singh, Manpreet Singh, Kawaljit Singh, Harnam Singh and Sukhpreet Singh were already sitting in his shop by breaking its lock. He asked Satinder Pal Singh as to why he broke open the lock of his shop, whereupon, all the accused started beating him. Respondent Manpreet Singh pulled his beard. He raised an alarm "Mar Ditta, Mar Ditta". On hearing his hue and cry, people of the nearby locality assembled there. The accused persons, on seeing the people, sped away from the spot, after locking the shop. They, while leaving the place of occurrence, threatened the complainant to eliminate him, in case he reported the matter to the police. Satinder Pal Singh also stole his furniture lying in the shop. On account of threat extended to him, he did not go to the police station to lodge a report against the accused persons. On 10.5.2003, his friend Jasjit Singh came to him. He narrated the entire version to him, who advised him to report the matter to the police. On the basis of this statement, the police registered FIR against the accused. After completion of necessary formalities, a final report under section 173 of the Code of Criminal Procedure was submitted against respondent nos. 2 to 5 before the trial court.
(3.) On finding a prima facie case, the respondents were charge sheeted under sections 295-A, 323, 380, 452, 506 and 149 IPC, to which they pleaded not guilty and claimed trial.