BABLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred by eleven persons, namely, Babli, Ammu Khan, Jamil, Issab, Yunus, Islam, Khatak, Khalil, Sattar, Umrao and Moji. They have been convicted and sentenced by the trial Court as under:

(2.) Umar Mohd made a report at Police Station Nuh that he is resident of village Kairaka. About one month ago, before the occurrence, accused Issab son of Mangal, Innas son of Mangal, Janu son of Mangal, Assu, Jamil, Farookh sons of Khunti, Mussa, Deenu sons of Sodani had blocked passage of his house. He had reported the matter to SDM, Nuh by filing an application. Patwari was deputed to carry inspection at the spot but accused had not allowed the Patwari to demarcate the disputed area. On the intervening night of 2nd and 3rd April, 1992 all the eleven accused came there armed with Lathies and ballams. They threatened that complainant will be taught a lesson. On the noise raised, PWs Mangal, Chandra and Jabra were attracted at the spot. The accused appellant Babli exhorted his other accused to set the Chhappar (shed made of straw) on fire. Thereafter, accused Assu and Jamil had put the Chhappar on fire, due to which 8/10 cots, beds, engine machine and grain were burnt, along with wood which was lying there. The witnesses tried to extinguish the fire but the accused, who were armed with the weapons scared them and thereafter, decamped from the spot.

(3.) On the basis of the statement made, case FIR No.72 dated 03.04.1992 was registered at Police Station Nuh under Section 436, 506, 379, 34 IPC. The prosecution examined Mool Chand Punia, Draftsman as PW-1, who prepared the scaled site plan Ex.PA. This witness stated that site plan was prepared at the instance of complainant Umar Mohd. SI Rattan Singh appeared as PW-2. He stated that he had partly investigated the case and had arrested Khatak accused on 21st May, 1992. He had also recorded statement of Mool Chand Punia, Draftsman. PW-3 SI Daya Nand had recorded statement of Satish Kumar, Photographer. He had also arrested remaining ten accused. PW-4 complainant Umar Mohd. appeared and reiterated his version.