DAMBAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 19-11-1990 passed by Special Judge (Dacoity Affected Area), Agra in Sessions Trial No. 195 of 1985 discharging opposite parties Nos. 2 to 9 of the charges under Sections 395, 397, 307, 302, 324, 147, 148, 149, I.P.C. and framing charges only under Sections 307 and 324, I.P.C. against opposite parties Nos. 10 and 11.

(2.) The fact of the case giving rise to this revision, briefly stated, was that Pancham Singh, father of applicant Dambar Singh and Jorawar Singh, father of opposite party Kamod Singh, were real brothers. They had another brother Amiri Singh. Jorawar Singh, father of opposite party Kamod Singh died in the year 1961. Thereafter, Amiri Singh died issueless in the year 1973. Property of Amiri Singh was inherited by Pancham Singh, father of applicant Dambar Singh being real brother of Amiri Singh as his other brother Jorawar Singh father of Kamod Singh died prior to him. Kamod Singh also claimed half share in the property of Amiri Singh. Since Dambar Singh was not ready to give him above share, opposite party Kamod Singh filed Civil Suit No. 280 of 1982 in the Court of Munsif, Fatehabad. In the above suit, an injunction order was also passed. However, the above injunction order was allegedly wilfully disobeyed and therefore Kamod Singh filed Miscellaneous Case No. 39 of 1983 under Order XXXIX, Rule 2-A, C.P.C. in which learned Munsif passed order of attachment on 17-2-1982 and appointed Commissioner to execute the order. The Commissioner came to the spot with police force on 31-3-1984 at 2.30 p.m. for affecting attachment.

(3.) The Commissioner executed the order of attachment and took item of ornaments and jewellery in custody and prepared memo of attachment. Applicant Dambar Singh refused to sign the above document. Since, Dambar Singh or Kamod Singh failed to provide a supurdgar, therefore Commissioner left the spot with the attached ornaments to be deposited in the Court. When he reached at the house of Natthi Lal, Dambar Singh along with six or seven persons came there and Dambar Singh and Ranvir Singh snatched the attached articles from the Commissioner. The other 5-6- persons started throwing brick bats. Dambar Singh also fired, which hit Sobran Singh and others. The Advocate Commissioner lodged written report of the said incident at P.S. Iradat Nagar on same day at 4.45 P.M. against Dambar Singh, Ran Veer Singh and 5-6 unknown persons. On investigation a charge sheet was submitted by the police under Section 396, I.P.C. and Special Sessions Trial No. 198 of 1984 was registered.