SURENDRA SINGH Vs. MUKESH

JUDGEMENT

(1.) THIS criminal appeal against acquittal has been filed by the appellant Surendra Singh challenging an order of Additional Session Judge/Special Judge (S.C./S.T. Act), Gautambudh Nagar dated 25.2.2014 acquitting the six accused -respondents under sections 147, 148, 307/149, 302/149, 353 I.P.C. and section 3(2), 5 of SC/ST Act in S.T. No. 250 of 2011.

(2.) THIS case appears to be a case of interstate war between two States viz. police and accused of Haryana and police and accused and administration of U.P. It appears that 540 Pattas were allotted to the villagers of Faleda Khadar which falls in U.P. We are unaware of the history but it could be supposed that the said property may have been owned by the villagers of adjoining village Solada which falls in Haryana and whose residents have been made the six accused persons in this case.

(3.) IN support of its case, the prosecution has examined PW -1 Vijendrapal Singh, Platoon Commander/SI who was at that time posted as Incharge of the P.A.C. Camp which was stationed at village Faleda Khadar in U.P. On a written order that the illegal possession of the other party may be removed, he was asked to accompany the S.D.M. When some villagers of Faleda were ploughing the land with a tractor after cultivation, the villagers of Solada (Haryana) starting firing. The villagers of Faleda Khadar took shelter behind the field but one of the fires struck the deceased Jogendra Singh. None was identified or named by this witness.