LAKHI RAM Vs. BHAJAN SINGH AND OTHERS

JUDGEMENT

(1.) A private complaint case was filed by the complainant Lakhi Ram against nine accused persons, viz., Reetha Lal, D.S.Suman, Dataram Kala, Jagmohan Singh, Chandan Singh, Vikram Singh, Vishan Singh, Ganga Dutt and Bhajan Singh in the Court of Judicial Magistrate, Purola for the offences under Sections 436, 427, 109, 147 and 148 IPC. After recording of statements of the complainant under Section 200 Cr.P.C. and statements of the witnesses under Section 202 Cr.P.C., accused persons were summoned to face the trial. On the basis of statements of PW 1 Lakhi Ram, PW 2 Jagdamba Devi and PW 3 Harish Chandra under Section 244 Cr.P.C., charges against Jagmohan Singh, Chandan Singh, Vikram Singh, Vishan Singh, Ganga Dutt and Bhajan Singh were framed under Sections 147, 435 and 427 IPC, who pleaded not guilty and claimed trial.

(2.) PW 1 Lakhi Ram, PW 2 Jagdamba and PW 3 Harish Chandra were again cross-examined under Section 246 Cr.P.C. After the conclusion of the complainant's evidence, statements of the accused persons under Section 313 Cr.P.C. were taken. Incriminating evidence was put to the accused persons, in reply to which, they said that complainant's witnesses were telling a lie. DW 1 Reetha Lal was examined in defence. After considering the evidence on record, learned Chief Judicial Magistrate, Uttarkashi acquitted Jagmohan Singh, Chandan Singh, Vikram Singh, Vishan Singh, Ganga Dutt and Bhajan Singh of the charges levelled against them vide impugned judgment and order dated 18.09.2002. Aggrieved against the same, present Criminal Appeal was preferred by the complainant Lakhiram (appellant herein).

(3.) The incident allegedly took place on 28.05.1995 at 11:00 a.m. and the complaint was filed by him on 05.06.1995. It was alleged by the complainant in the complaint that he was owner in possession of the land situated in village Oprari. He constructed a cowshed. The complainant planted several fruit bearing trees on his land. On 28.05.1995, at 11:00 a.m., the accused persons came to his cowshed and committed mischief by setting the same on fire. Doors of cowshed were broken, as a consequence of which, his cow escaped. They also burnt the standing crops. On 29.05.1995, when the complainant came back to his house, he was informed by Harish Chandra and Jagdamba Devi. When the complainant went to the place of incident, he found that his cowshed was burnt to ashes. According to the complainant, he reported the incident to S.D.M. Badkot. Earlier, a report was lodged by the complainant against some of the accused in the year 1992, which terminated in compromise. This incident was also reported by him in PS Badkot, but the Police failed to take any action against the accused persons.