USHA RANI Vs. DHARAMBIR AND ORS

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellant/complainant against order of acquittal dated 8.12.2000 passed by Judicial Magistrate Ist Class, Ambala City in a criminal complaint case.

(2.) The brief facts of the complaint filed before the JMIC, Ambala City are that the appellant-complainant is the mother of minors Rajesh Kumar and Sanjay Kumar, sons of Dev Kumar. Dev Kumar had one ancestral house situated at village Naneola which was jointly owned by Rajesh Kumar, Dev Kumar and Sanjay Kumar being members of joint Hindu family. However, the complainant was living separately from her husband in that house with her sons. Dev Kumar (husband of complainant) had fallen in bad company and had started proclaiming that he would turn the complainant and her sons out of the house and would alienate the same. The complainant out of fear, filed a civil suit for permanent injunction, which was decreed in her favour in the year 1982 and Dev Kumar was restrained from dispossessing the complainant and her minor sons from the house and also alienating it. One of the rooms of the house was in occupation of one Ram Chander who had been living there since 1972 as a tenant. Two months prior to filing of the complaint, Dev Kumar and Mahesh Kumar took co-owner Sanjay Kumar to Patiala on the pretext of getting his passport prepared and obtained signatures of Sanjay Kumar on some blank papers. Later on Sanjay Kumar came to know that he had been deceived by Dev Kumar and Mahesh Kumar as they had fabricated some documents in respect of the house in question. He told the entire story to his mother (complainant). Thereafter, on 19.6.1991 at about 6.00 P.M., all the accused came armed with lathies and gandasies and tried to dispossess the complainant and her sons from the house and also threatened them that they would be killed. The accused were shown decree of the court, but they pushed the complainant and her sons out of house and also turned Ram Chander out of his rented room. They destroyed the bhatties (Kiln) of Ram Chander and also destroyed the 'chapper' belonging to complainant and caused a loss of Rs. 2000/- to her. The complainant reported the matter to the local police and also filed complaint before the SSP, Patiala, but no action was taken. As such, the instant complaint was filed before the JMIC.

(3.) The learned Magistrate on the basis of preliminary evidence led by the complainant summoned the accused to face trial under Sections 457, 452, 427, 506, 120B read with Section 34 IPC vide its order dated 5.2.1992.