- (1.) Petitioner Kakka Singh son of Amir Singh, resident of village Saide Ke Naul, Tehsil and District Ferozepur has filed present revision petition against judgment dated 25.4.2014 passed by learned Additional Sessions Judge-III, Ferozepur whereby his appeal against the judgment dated 7.11.2011 passed by learned Judicial Magistrate 1st Class, Ferozepur, was dismissed. Vide judgment dated 7.11.2011, learned Magistrate acquitted the accused, respondents No.2 to 4 herein, of the charge framed against them by giving them the benefit of doubt.
(2.) Briefly stated, an FIR No.148 dated 2.11.2005 under Sections 457, 380 and 411 IPC was registered against the respondents-accused at Police Station Mamdot, District Ferozepur. As per said FIR, on 2.11.2005 when ASI Nirmal Singh and other police officials were going for patrolling on a Government vehicle and were present at Chowk Mai Bholi, Mamdot, petitioner-complainant Kakka Singh came there. He got his statement recorded to ASI Nirmal Singh to the effect that he is resident of village Saide Ke Naul and is an agriculturist. They have constructed a room in their fields for keeping the material. They have kept 50 bags of DAP fertilizer in the room after obtaining the same from Lakho Ke Society. They have used 10 bags out of them for sowing the wheat crop and the remaining fertilizer was kept in the room. He came back to his home after locking the room. At about 8.00 a.m. he went to his field and noticed that lock of his room was broken. He went inside the room, counted the bags of fertilizer and found that 8 bags of fertilizer were missing.
(3.) Thereafter, the complainant went to Jagtar Singh Sarpanch, Kabal Singh Ex-Sarpanch and other respectable of the village. He reported the theft of fertilizer to them. They went to the spot and enquired the matter. When they reached the motor of Balvir Singh son of Shanker Singh, Rai Sikh, resident of Saide Ke Naul, the room was locked. There was fertilizer in the room. So they had suspicion that Harnam Singh, Balwinder Singh and Lakhwinder Singh sons of Balvir Singh, residents of village Saide Ke Naul had broken the lock of the room of complainant and stolen 8 bags of fertilizer. The complainant also stated that his name was written with ink on the bags and he can identify the bags. Therefore, he requested for taking action against them. On the aforesaid facts, a case was registered against the respondents-accused. The matter was investigated and Challan as provided under Section 173 Cr.PC was produced in the Court. As required under Section 207 Cr.PC, copies of Challan were supplied to the accused free of cost and charge under Sections 457, 380 and 411 IPC was framed against the accused to which they did not plead guilty and claimed trial.;