KARAM SINGH Vs. JIT SINGH AND OTHERS

JUDGEMENT

(1.) The instant criminal revision has been filed against the impugned judgment dated 15.09.2004 passed by learned Additional Sessions Judge, Fatehgarh Sahib, thereby dismissing the appeal of the petitioner.

(2.) Brief facts of the case are that on 11.11.1995, ASI Balwinder Singh and other police officials were present at Civil Hospital, Khamanon. He recorded the statement of Modan Singhcomplainant. Complainant Modan Singh stated in his statement that on the intervening night of 10/11.11.1995, he was lying on the cot on his motor and the electric bulb of the motor was aglow. At about 7.30 PM. Devinder Singh-petitioner armed with Kulhari, Jit Singh armed with Sota, Bhag Singh armed with Dang and Sewa Singh armed with Kulhari came at the motor of the complainant. Jit Singh gave lalkara that the complainant should not be allowed to escape and he should be taught a lesson for demolishing the boundary line.

(3.) Devinder Singh gave Kulhari blow on the right leg of the complainant. Sewa Singh gave Kulhari blow with its reverse side on the right arm of the complainant. Jit Singh gave soti blow on the head of the complainant. Bhag Singh gave two dang blows consecutively on the left arm and on the wrist of the complainant and Jit Singh gave thrust blow with soti in the chest on right side and on the left cheek of the complainant. Bhag Singh gave dang blow on the shoulder of the complainant. The complainant raised hue and cry. At that time, his son Balbir Singh and his brother Gurnam Singh, who were bringing his meal came. After hearing alarm, the accused ran away from the spot with their respective weapons. Thereafter, Balbir Singh and Gurnam Singh took the complainant Modan Singh in the injured condition to the Civil Hospital, Khamanon. The complainant further stated in his statement that the cause of the fight is that Jit Singh is having his land adjoining to his land and there are common Watts of both these lands. Jit Singh has got removed earth from his land and as such the level of the land with his land is lower. Jit Singh complained that he was intentionally cutting the Watts of his land and as such, the water flowed into his land. The complainant had even asked Jit Singh for demarcation of the land, but he had refused and due to this fact the above mentioned accused had caused injuries to the complainant. On the basis of the statement of the complainant, an FIR has been registered. The investigation of this case was conducted by ASI Balwinder Singh. He prepared the rough site plan of the place of occurrence. After completion of investigation, challan was presented against the above said accused persons by the police in the Court. Finding a prima facie case against the respondents, they were charge-sheeted to which they pleaded not guilty and claimed trial.