DARYAO SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The applicant has filed the present application under Section 378(4) Cr.P.C. for grant of special leave to appeal against the judgment dated 24.4.2019 passed by the learned Additional Chief Judicial Magistrate, Jhajjar vide which the complaint filed by him was dismissed and respondents No. 2 to 4 were acquitted of the charge under Section 506 of the Indian Penal Code, 1860 ('IPC' for short) by giving them benefit of doubt.

(2.) The applicant-complainant filed a complaint under Sections 406 and 506 IPC against respondents No. 2 to 4 alleging that his father Chunni Lal had died on 10.5.1974 and during his lifetime, he had divided the ancestral residential house in equal parts, giving shares to elder brother Khem Chand and another brother Yad Ram (since deceased) adjacent to each other. It was further alleged that there was a flour grinding machine installed in the part of the property belonging to the applicant-complainant and on account of joining Indian Navy, he had handed over his share to above said Yad Ram to look after the same. After retirement, when the applicant visited the house, he noticed that the flour grinding machine as well as grass cutting machine were removed by the accused and accused Yad Ram had started a shop which was later let out to one Rajender. For the last two and a half years, accused Yad Ram had stopped paying the monthly rent and possession of the property was also not given to the applicant. Regarding this, a complaint was made to the police but no action was taken. Hence the present complaint.

(3.) After recording of the preliminary evidence, accused were summoned to face the trial under Section 506 IPC. During the pendency of the trial, accused Yad Ram, brother of the applicant had died.