DINESH PATHAK,J. - (1.) Heard Shri M.S.Ansari holding brief of Shri K.C.Tripathi, learned counsel for the applicant on leave to appeal.
(2.) Present criminal application for special Leave to file Appeal under Section 378(4) Cr.P.C., has been preferred by the present applicant for challenging the judgment and order dated 03.12.2019 passed by the Special Judge, U.P. Dacoity Affected Areas Act/Additional Sessions Judge, Court No. 4, Chitrakoot in Complaint No. 02 of 2016 (Hari Shankar vs. Jhandilal and Others), acquitting all five accused persons (respondents no.2 to 6) of the charges under Sections 395 and 397 IPC.
(3.) By means of the present application, the applicant is beseeching for special leave to appeal arising out of Complaint No. 02 of 2016 (Hari Shankar vs. Jhandilal and Others) moved by Hari Shankar, complainant/applicant herein, against his brother Jhandilal (respondent no.2) and three nephews namely Anantu s/o Jhandilal (respondent no.3), Mahendra s/o Jhandilal (respondent no.4), Uma Shankar s/o Jhandilal (respondent no.5) and brother's wife namely, Besaniya w/o Jhandilal (respondent no.6) respectively, levelling allegations that his brother is keeping vulture eye over his landed property, money and bank balance and to grab it, often harass him and beaten him up many times by hired goons and intending to kill him. The complainant is aged about 75 years, having two wives and has adopted one Prabhakar as his son.;