HARDWARI LAL Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) Application bearing CRM No. 35954 of 2016 has been filed under Section 378 (4) of the Code of Criminal Procedure, 1973 (in short "the Code") for grant of Leave to Appeal against the judgment of acquittal dated 19.08.2015 passed by learned Additional Sessions Judge, Chandigarh, whereby respondent No.2/accused (Balwinder Singh) has been acquitted of the charges under Section 302 read with Section 120-B of Indian Penal Code.

(2.) Factual matrix of the case of the prosecution, are that complainant (Hardwari Lal) is father of the deceased (Ashok Kumar) and he moved a complaint against accused Darshan Singh son of Gurnam Singh to the effect that his son Ashok Kumar (now deceased) was dealing with the business of sale and purchase of property with accused Darshan Singh for the last more than 5/6 years. However, he found his son mentally upset and when he inquired about the facts from his son (Ashok Kumar), his son (Ashok Kumar) made aware to him that a plot measuring 5 Bighas was purchased by him from Darshan Singh and he had already paid a sum of Rs. 30 lacs (Thirty Lacs) as sale amount of the plot to Darshan Singh. He (Ashok Kumar) made several request to Darshan Singh to execute the sale deed in his favour or to return the sale amount, but Darshan Singh did not pay any heed to his request. Ashok Kumar also made aware to him that Darshan Singh and his family members were extending threats to him that in case he would raise demand of sale amount of Rs. 30 lacs (Thirty Lacs), he would face the music and would be done to death.

(3.) We have heard learned Counsel for the parties and have also gone through the paper-book very carefully with their assistance.