- (1.) DINESH Kumar complainant, has filed this appeal under Section 378 (4) of the Criminal Procedure Code, against the judgment dated 19.9.2013 passed by learned Additional Sessions Judge, Karnal, vide which learned Additional Sessions Judge, Karnal, acquitted complainant's brother Suresh Kumar, brother's wife Kiran and brother -in -law Yashpal Bajaj, for offence under Sections 436, 323 read with Section 34 IPC and 506 IPC in the case arising out of FIR No. 302 dated 11.4.2011, Police Station Karnal City.
(2.) AS per the prosecution version as disclosed by Dinesh Kumar to the police, he along with his wife and four month's old baby are residing in H. No.4753, Gali No.1, Shiv colony, Karnal. He is an electrician by profession. Dinesh Kumar further stated that his brother Suresh Kumar along with his wife Kiran and their children are also residing in the same house. Differences crop up between him and his brother Suresh Kumar. On the date of occurrence an altercation had taken place between them. The matter was resolved with the intervention of neighbourers. After sometime, Yashpal, brother -in -law of his brother Suresh came to the house and started quarreling with him. Kiran wife of his brother Suresh caused injuries to his wife Gitanjali with danda. Apprehending that dispute might continue, he dropped his wife to Railway Station. When he came back, he saw that his brother Suresh, his wife Kiran and brother -inlaw set ablaze his room. When he tried to stop them, they threatened to kill him. On seeing the smoke, the neighbourers gathered at the spot and extinguished the fire. Thereafter, all the accused fled away in Van No.PB -11P -8112. On the basis of the statement of Dinesh Kumar, the police investigated the crime and ultimately presented the challan in the Court.
(3.) TO support his version Dinesh Kumar examined himself (PW1), his wife Gitanjali (PW6), Dr. Ankit Raikhy (PW9) and some other officials. In the statement under Section 313 Cr.P.C. accused took the stand that they have been falsely implicated. In defence accused Suresh Kumar examined his father Krishan Lal who is also the father of the complainant. After going through the evidence and hearing both the parties, learned Additional Sessions Judge, Karnal, acquitted all the accused holding that the prosecution has failed to prove its case against the accused with cogent and reliable evidence, that too beyond the shadow of doubt and gave them benefit of doubt. Complainant Dinesh Kumar being not satisfied with the judgment has come up in the present appeal. We have heard learned counsel for the appellant and have also carefully gone through the file.;