JUDGMENT :

K.R. SHRIRAM, J.

1. This appeal is filed by appellant- Vipin Shantilal Shah, impugning an order and judgment dated 6-6-2002, passed by the Learned Additional Sessions Judge, Greater Bombay, acquitting respondent no.2 of offence punishable under Section 452 (House-trespass after preparation for hurt, assault or wrongful restraint) read with Section 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) of IPC and Section 395 (Punishment for dacoity) read with Section 109 of IPC.

2. It is the case of prosecution that on 2-4-1992, at about 1.15 p.m., 4 persons (original accused nos.2, 3 and 4 and 1 unknown person) entered the office of complainant and forcibly entered his cabin and informed complainant that they have come on behalf of respondent no.2/accused to collect the shares, stocks, debentures of one Mrs. Narialwala. Respondent no.2 who was original accused no.1, was not one among them. Complainant informed them he did not have it. At that time, Shobhraj, Original accused no.4, who was one of the 4 persons, telephoned respondent no.2 from the cabin of complainant and asked what should be done,