(1.) Prayer in this appeal is for setting-aside the judgment dated 26.09.2016 passed by the trial Court vide which respondents No.2 to 5 were acquitted of the charge under Sections 120-B, 380 and 497 of the Indian Penal Code, 1860 (in short 'IPC') (though one of the co-accused namely Ashok Kumar was convicted for the charge framed against him under Sec. 497 Penal Code and he was sentenced to undergo 02 years rigorous imprisonment and to pay a fine of Rs.1,000.00 and in default of payment of fine to further undergo imprisonment for a period of 01 month).
(2.) Counsel for the applicant at the very outset, has stated that said Ashok Kumar had filed an appeal i.e. Criminal Appeal No.503/2016 vide Filing No.7793/2016 titled as 'Ashok Kumar vs State of Punjab and another', challenging the aforesaid judgment of conviction dated 26.09.2016 under Sec. 497 Penal Code and the same was allowed by the Additional Sessions Judge, Jalandhar vide judgment dated 12.12.2017 (which is taken on record as Mark 'X') and even, Ashok Kumar was acquitted of the charge framed against him under Sec. 497 IPC.
(3.) Brief facts of the case are that the applicant - Roop Lal, who is a NRI and is residing abroad had field the complaint that marriage between him i.e. the complainant and accused No.6 was solemnized on 23.11.2010 at village Kingran Chauwala, Jalandhar and it still subsists and out of this wedlock, 03 children namely Kajol (daughter), Jaspreet and Gurpreet (sons) were born. The complainant was residing in Italy to earn his livelihood since 2007 and he is a Green Card holder, which was issued by the Italian Government. The complainant came back to India on 28.09.2010. Due to illicit relations of Charanjit Kaur (accused No.6) and Ashok Kumar (accused No.1), the relations between the complainant and accused No.1 to 5 were strained. The day before the occurrence, there was a dispute due to illicit relations between accused No.1 and accused No.6 and a Panchayat was also convened, in which accused Nos.1, 2, 4 and 5 threatened that 'KI TU VIDESH JANA CHAUHNDA HAI KE NAHIN, ASIN TERA EHO JEHA INTEZAM KARANGE KE TU KADE V VIDESH JANN DE KABIL RAHENGA, JE SADE NALL MATHA LAYEA TA JANO MAAR DENGE.' At that time, Sarpanch Jaspal Ram, Balbir Ram, Mohinder Kaur, Jagat Ram and other respectables of the village were also present. On 04.11.2010, early in the morning approximately 04:00 AM, accused No.6 without informing anyone left the house of the complainant and she took passport, Green Card, Rs.20,000.00 in cash, one wrist watch, one mobile Nokia and 250 Euros without the consent of the complainant. Regarding this fact, a DDR was also lodged with P.S. Phillaur on 19.11.2010. The doubt of the complainant converts into belief, when on 22.11.2010 at about 02:00 PM, the complainant and Balbir Ram saw accused No.1 and accused No.6 going together for taking bus at the Bus Stop. The complainant and Balbir Ram tried their best to catch them, but they could not succeed. Accused No.1 and accused No.6 are still living together with accused No.3 namely Harminder Pal at some unknown place and Ashok Kumar had full knowledge that accused No.6 is the legally wedded wife of complainant. All the accused after conspiring with each other committed theft and have also eloped accused No.1 and accused No.6 by abiding each other. Thus, the present complaint has been filed.