SARAD SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against the judgment of conviction dated 10.02.2007 and order of sentence dated 10.02.2007 passed by Sh. S.P.Sood, the then, learned Judicial Magistrate, 1st Class, Talwandi Sabo, in Criminal case No.7 of 2001, titled "State Vs. Sarad Singh and others" FIR No.45 dated 24.09.2000 under Sections 148 and 434 IPC read with Section 149 IPC, Police Station Kot Fatta, vide which revisionists have been convicted and sentenced as under:-

(2.) Prosecution case, in brief, is that Chhota Singh (complainant) had reported to the Police as if possession of the land allotted to him in course of partition proceedings was handed over by Revenue Authorities with assistance of local Police. Marks were affixed on support in presence of revisionists, but they dismantled and removed the same without caring for consequences. DDR No. 11 dated 14.08.2000 was reported by Halqa Patwari to show compliance of orders passed by District Magistrte, Bathinda, qua delivery of possession of land to Chhota Singh (complainant) and one Gurdev Singh. Removal of Thaddas or points fixed at the time of delivery of possession took place next day of induction into possession. Revisionists had removed Thaddas with the help of spade, Kasia and sticks. Above said occurrence was witnessed by complainant party and thereafter informed local Panchayat. Revenue officials recorded report Roznamcha Wakiati entry No.724 dated 14.08.2000 qua delivery of possession. On these allegations, instant case was registered. Necessary investigation was conducted. Statements of witnesses were recorded. Accused were arrested. After completion of investigation, challan was presented against accused in the Court.

(3.) Copies of challan and other documents were supplied to the accused, free of costs, as envisaged under Section 207 Cr.P.C.