RAM CHAND Vs. RANJIT SINGH AND OTHERS

JUDGEMENT

(1.) By way of this revision petition, the petitioner/complainant has challenged the judgment passed by the Court of learned Judicial Magistrate 1st Class, Court No. 2, Chumarwin, District Bilaspur in Case No. 291/2 of 2004/04 dated 24.07.2007 vide which, learned trial Court acquitted the accused for commission of offences punishable under Sections 147, 452, 427, 504 and 506 of the Indian Penal Code.

(2.) The case of the prosecution was that a complaint was received by the police under Section 156(3) of the Code of Criminal Procedure on 28.09.2002 from the complainant to the effect that the complainant, who was a permanent resident of Village Chokna, Pargana Ajmerpur, Tehsil Ghumarwin, District Bilaspur, was running a Hire Purchase Company in the name and style of 'M/s. Ankit Hire Purchase Private Limited' in Ghumarwin near Bus Stand and for this purpose he had taken on rent upper story of the building of accused No. 2 Sanjeev Kumar. As per the complainant, on 28.09.2002 accused persons formed an unlawful assembly and in furtherance of the common object of the said unlawful assembly, they gathered near the stairs of the office belonging to the complainant and pushed him inside the office and compelled him to sit on his chair. Thereafter accused No. 1 Ranjit Singh snatched Rs. 50,000/- and his mother snatched a golden chain from the neck of the complainant. All the accused started insulting and abusing him and they threatened the complainant that they will do away with his life and burn all his belongings lying in the office. Thereafter, the accused persons started throwing the office furniture outside the office on the road. As per the complainant, all his belongings including business documents etc. worth Rs. 40,00,000/- remained lying on the road. According to the complainant, accused caused him loss of Rs. 40,00,000/- plus Rs. 50,000/- in cash. According to the complainant, thereafter accused ran away after threatening him and accordingly he filed a complainant under Section 156(3) of the Code of Criminal Procedure.

(3.) Pursuant to the filing of the said complainant, police investigated the matter. On the basis of the investigation so carried out, offences under Sections 147 and 452 of the Indian Penal Code was found to be made out against the accused persons and finally after complete investigation, challan under Sections 147, 452, 427, 504 and 506 of the Indian Penal Code was filed in the Court against the accused. As a prima facie case was found against the accused, hence notice of accusation was put to them, to which they pleaded not guilty and claimed trial.