STATE AND ORS Vs. JOGINDER SINGH & ORS

JUDGEMENT

(1.) The State seeks leave to appeal against the judgment and order dated 22.02.2011 in SC No.70/2008, of the learned Addl. Sessions Judge, Delhi, whereby the Court acquitted the respondents/accused of the charges of having committed the offences punishable under Sections 143/149/452/307/506 IPC.

(2.) The prosecution alleged before the trial court that in the evening of 24.06.1999 at 6:03 PM a wireless message was received by Police Station Mehrauli about a quarrel which took place near the DLF, Chhatterpur Farm 186, Quarter No.10. The police party reached the spot and arrested six persons including the five respondents arrayed as accused during the trial. The sixth accused i.e. Ranvir Singh was apparently dropped by the Trial Court at the time of framing of charges. The FIR was registered. The statement of the informant, Dalbir Singh (PW-1) was recorded and produced as Ex.PW-1/J. The complainant/informant stated that he was residing at Farm House No.186, DLF Chhatterpur and was an agriculturalist owning about 8 acres of land. He claimed to be in possession of the land and residing there with his sons namely Harcharan Singh, Swaran Singh and Surmender Singh, with their families. He further stated that some people belonging to the Govind Sadan Gurdwara wished to take possession of his farm which led to his lodging an FIR on 12.03.1997 at Police Station Mehrauli. He further claimed that on 24.06.1997 at about 5:30 PM when he along with his sons Harcharan Singh, Surmender Singh, Swaran Singh and Sheela, wife of Shri Harcharan Singh along with their daughters Kamla and Vimla were present at the farm house, 9 or 10 persons entered the farm from the eastern side of the wall; two were allegedly armed with rifles, while others were armed with lathis and sword. It was claimed that one of the trespassers fired in the air and his sons tried to stop the assailants, upon which they started beating the PW-1 and his family members. They also threatened that in case they (the complainant's family) stayed there any more they would be killed. It was alleged that PW-1 ran to a neighbouring Doctor's farm and called the police. The respondents and other accused were arrested and subsequently charged with committing the offences mentioned in the previous part of the judgment besides Section 27 of the Arms Act, to which they pleaded not guilty and claimed trial.

(3.) The prosecution relied upon the testimonies of 15 witnesses which included the complainant/PW-1 Dalbeer Singh, PW-2 Shri Kulbeer Singh, PW-4 Shri Surmender, PW-5 Shri Harcharan Singh and PW-6 Smt. Bimla Devi. After considering the statements of these witnesses and other materials on record which included the record of proceedings pending before the Revenue Authorities and Civil Courts pertaining to the disputes between the parties about the possession of the farm land, the Court concluded that the prosecution was unable to prove the guilt of the respondents beyond the reasonable doubt.