Dharam Chand Chaudhary, J.

Victim of the occurrence and complainant in FIR No. 470/01 is in appeal before this Court. He is aggrieved by the impugned judgment dated 23.03.2009 passed by learned Additional Sessions Judge, Una, District Una, H.P. in Sessions Case No. 18/06 having arisen out of FIR No. 470/01 and Sessions Case No. 19/06 out of the complaint he filed, whereby the respondents (hereinafter referred to as the accused persons) have been acquitted of the charge framed against each of them for the commission of an offence punishable under Section 447, 342, 506-II and 367 read with Section 34 of the Indian Penal Code and the sentence awarded against each of them under Section 323 of the Indian Penal Code is also stated to be on lesser side.

2. The prosecution case as disclosed from the statement Ext. PW-11/A of the appellant-complainant shortly stated is that he had given the contract of construction of his house to accused Swaran Singh. The said accused in order to lay slab (lintel) of the house besides his own shuttering material used some planks and ‘Ballies’ belonging to the complainant also. On 8.09.2011 around 10.15 a.m. the said accused started opening the shut