KASHMIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This appeal is against the judgment dated 16.04.2010 passed by the learned trial Court, vide which respondent Nos. 2 to 7 were acquitted. Brief facts of the case are that the complainant/petitionerKashmir Singh resident of village Swah Wala moved an application Ex.P1 dated 15.12.2000 against the accused Mohan Singh, Niamat Chand, resident of village Jiwan Arian, Iqbal Singh resident of Village Boor Wala and Jagtar Singh resident of village Mandi Wala and Jaswant Singh Ex. Sarpanch village Jiwan Arian, District Ferozepur for registering a case against them for having harvested and taken away his paddy crop despite of a stay order passed by Hon'ble Punjab & Haryana High Court in force. In the application, it was alleged by the complainant Kashmir Singh that his land situated in village Chak Swah Wala, Tehsil Jalalabad, District Ferozepur and the accused want to occupy the same forcibly and that in this regard, a civil suit No.115-1 of 21.2.1992 filed by him titled as Kashmir Singh Versus Mohan Singh is pending before the Hon'ble Punjab & Haryana High Court at Chandigarh wherein he has been granted stay. He further alleged that on 24.9.2000, ignoring the stay order, all the accused aforesaid armed with Guns, Dangs & Sotas took away his crop after harvesting the same with the help of a combine machine and also damaged his green fodder crop sown in 4 Kanals land. He added that he has been cultivating the land for the last 60 years and that the accused are powerful persons and have the police at their back.

(2.) In Ex.P1, the complainant Kashmir Singh further alleged that on the previous day at about 5.00 P.M. The accused again took away 100 Manns of wheat chall lying from his field and have also taken away 2 Kikkar three after uprooting the same from his field and that they were accompanied by Police officials at that time and also that the accused were watering his fields forcibly. He further alleged that they kept him confined in Police Station for some days and that one Jaswinder Singh Jhariwala who is close to M.P. Is also at their back. In the end, he requested to take an action against the accused and also to direct police to protect his life and property. Consequently, vide order dated 15.12.2000 made by the then A.S.P. Ferozepur on the application itself, the S.H.O Police Station Sadar, Jalalabad was directed to register a case under appropriate Sections & law, was given. As a result of which, the present FIR No.222, dated 15.12.2000, under Section 379/427/148/149 IPC was registered against the accused Mohan Singh and Sohan Singh etc.

(3.) After investigation, the cancellation report was prepared and vide order dated 5.4.2003, by the then SDJM, the Cancellation Report was sent back to the SHO Police Station, Sadar, Jalalabad with a direction to him to join the complainant Kashmir Singh into the investigation. Ultimately, vide order dated 12.2.2004, the complainant was called upon for recording of his statement and the eye witness to take cognizance in the present case. Accordingly, the complainant examined three witnesses including himself as CW-1. He examined two eye witnesses namely Ruldu Singh and his wife Mehran Bai as CW-2 & CW-3 respectively.