STATE OF HARYANA Vs. RAM AVTAR

JUDGEMENT

(1.) THE facts giving rise to this appeal as stated by Meena Ram PW, who reported the matter at Police Station, Narnaul, are that he was employed as a Head Constable in Central Reserve Police Force and had come on leave to his village for 10 days. His father Mata Din and uncle had purchased six killas of land from Mst. Shand and Mst. Moorti, daughters of Ram Dayal for a consideration of Rs. 4800/-. Mutation was sanctioned in their names and entries in the Khasra Girdawari were also recorded showing them in possession. Raj Singh and other respondents felt aggrieved and they were out to take forcible possession of the land which led to various disputes between the parties and security proceeding as well. 2-3 days before the occurrence the parties were asked to produce copies of the relevant revenue record in the police station. Father of the complainant obtained copies of Girdawari and mutation from the Patwari on 22.3.1976 at about 7.00 A.M. Mata Din was coming to his house after answering the call of nature and when he reached near the house of Prabhu Dayal and Raj Singh, all the 11 accused respondents were found standing there. On seeing Mata Din, Surinder Singh respondent brought lathis and 'Pharsis' from the Nohra of Raj Singh. Raj Singh, Atma Ram and Ram Avtar picked up 'Pharsis' while the other respondents armed themselves with lathis. Mata Din raised an alarm which attracted the complainant, his uncle Raj Singh and Saban Singh to the spot. Ganpat and Durjan PWs also arrived. Atma Ram hit Mata Din with a Pharsi blow on his left knee and all other respondents started beating him. The complainant Raj Singh and Sajjan Singh too received injuries when they came forward to rescue Mata Din. They too wielded lathis in defence as a result of which Raj Singh, Gajraj Singh, Ram Avtar, Atma Ram and Surinder suffered injuries.

(2.) THE injured were medically examined. Investigation in the case was conducted by S.I. Kidar Singh who recorded the statements of the witnesses and the respondents were challaned for the offences under Sections 326, 324, 148/149 I.P.C. They stood trial for these offences in the Court of Shri M.M. Sharma, Judicial Magistrate Ist Class, Narnaul.

(3.) AFTER going through the record and hearing the parties, the learned trial Court found the accused not guilty and acquitted them vide judgment dated January 20, 1982. Aggrieved by this judgment, the Haryana State has come up in appeal.