BIMLA Vs. BHUPENDER AND ANOTHER

JUDGEMENT

(1.) Through the present application filed under Section 378(3) read with section 372 of the Code of Criminal Procedure, 1973 (for short - Cr.P.C.), the applicant seeks leave to appeal against the judgment dated 26.04.2017 passed by the Sessions Judge, Sonepat (for short - trial court), through which respondent No. 1 Bhupender was acquitted of the charges framed against him under Sections 328/406/420 of the Indian Penal Code, 1860 (for short - IPC).

(2.) Briefly, the case of the applicant is that a complaint dated 25.04.2014 was submitted by her to the police alleging therein that after the passing away of her husband, her father-in-law-Balbir Singh had gifted 26 kanals 08 marlas of land (hereinafter referred to as-the land in question) to her son-Jaipal who was a vagabond and a habitual drunkard. The applicant made several attempts to reform him by even admitting him in dead diction centers at Jind and Delhi but to no avail. Rather, Jaipal absconded from these centers and did not return home for a long time. It was further alleged that after administering some stupefying substance to Jaipal, respondent No. 1 had got executed from him a sale deed of the land in question in favour of his wife. No consideration was paid by respondent No. 1 for such transaction. Apart from respondent No. 1, Nirmala, Maman and Ram Chander-Numberdar were also alleged to have been involved with respondent No. 1 in the afore-referred act.

(3.) On the basis of above complaint, FIR was lodged and on completion of the investigation, report under Section 173 Cr.P.C., 1973 was filed before the competent court. On the basis of material available on record, respondent No. 1 was charged for commission of offences under Sections 328/420/467/120-B IPC, to which he pleaded not guilty resulting him to be put on trial.