- (1.) This was an appeal preferred by Kamal Kumar Yadav son of Yudhvanshi Yadav, resident of Dharampura, complainant-appellant, assailing the judgment dated 10.05.2013 recorded by learned Additional Sessions Judge, Ludhiana, acquitting Mahinder Yadav and others (respondents No. 2 to 5) in the criminal case bearing F.I.R. No. 4 dated 05.01.2006 under Sections 459/380/506/341 I.P.C. of Police Station Sadar Khanna, Ludhiana, registered on his (appellant's) complaint made before ASI Mahabir Singh. Precisely, the story of the complainant was that on 05.01.2006 in the night at 1:30 A.M., 8-9 persons among whom one was a Sikh fellow and the others were clean shaven and were carrying handpump handles and 'Daangs' and had muffled their faces, had trespassed into his house and besides committing theft of valuables i.e. gold ornaments and cash Rs. 2,000/- had inflicted injuries on his arms and legs. The complainant added that his father Yudhvanshi Yadav and brother Ravi Shanker were away to their native village in U.P. His mother and sister, who were present in the house, were sleeping in another room and when they woke up hearing his alarm and came out, they were encircled by the assailants and were threatened of being killed. Hearing their shouts, his neighbour Sarup Singh came in the street in front of their house and raised alarm on which the assailants fled away and while leaving they snatched the red shawl of his mother and also caused injury to Sarup Singh.
(2.) The respondents after their arrest and on being challaned were charge-sheeted under Sections 459, 380, 506 and 341 of the Indian Penal Code and were subjected to trial.
(3.) The prosecution examined as many as ten witnesses, after which statement of the respondents under Section 313 of the Code of Criminal Procedure was recorded. The respondents pleaded that they had been falsely implicated and simultaneously disclosed that Savita daughter of Piare Lal (respondent-accused No. 4) was married to complainant Kamal Kumar Yadav. Since the day of marriage, a matrimonial dispute was going on between them because of which she was residing with her parents. On 27.12.2005, complainant Kamal Kumar Yadav and his relatives had forcibly taken Savita with them and had thrown her out of the car near Shiv Mandir, Sabrahak. A criminal case in respect of the occurrence was registered at Police Station Shahganj. As a counter blast to the said case Kamal Kumar Yadav falsely implicated them in the instant case.;