CHARAT SINGH Vs. BALBIR SINGH AND OTHERS

JUDGEMENT

(1.) The complainant Charat Singh has filed the present application praying for grant of special leave to appeal against the judgement passed by the trial Court acquitting all the five accused who faced the trial under Sections 148, 436, 447 read with Section 149 IPC.

(2.) The brief case of the prosecution launched through complainant Charat Singh is that accused Balbir Singh purchased land measuring 1 kanal 10 marlas from Rajinder Singh. The said land was under cultivation of the complainant Charat Singh. The complainant filed an application for correction of khasra girdawari by scoring the name of accused Balbir Singh. Accused Balbir Singh filed a civil suit for permanent injunction as against the complainant and got an order of injunction restraining the complainant from interfering with the peaceful possession of accused Balbir Singh. The complainant preferred an appeal as against such order of interim injunction granted by the Court. Accused Balbir Singh lodged an FIR No.96 dated 17.9.2005 under Section 420 IPC as against the complainant. After coming out on bail, the complainant filed a complaint against Nachhattar Singh, a Constable posted at the residence of SSP, Jalandhar. The other accused were closely related to accused Balbir Singh. As the accused failed to get the possession of the land, they started nursing grudge against the complainant. On 30.5.2005 at about 6.30 p.m., when the complainant was watering his fields adjacent to the tubewell of accused Balbir Singh, all the five accused were found present at the tubewell of accused Balbir Singh. Accused Balbir Singh was armed with kirpan. Accused Lakhwinder Singh and accused Ranjit Singh were armed with dang. Accused Nachhattar Singh was armed with gandasi and accused Girdawar Singh @ Gabi was armed with a double barrel gun. They were seen by the complainant under the glow of an electric bulb at the tubewell of Balbir Singh. On seeing the complainant, accused Balbir Singh raised a lalkara that the complainant should not be permitted to go scot-free for not delivering the possession of the land. The complainant ran towards his tubewell room raising hue and cry. The accused who were armed with weapons followed him. The complainant hid himself inside his tubewell room by bolting the door from inside. On hearing the noise raised by the complainant, PW2 Sucha Singh and PW3 Ranjit Singh came over there. Accused Girdawar Singh fired two shots from his double barrel gun to scare them, but PW2 and PW3 kept on standing at a distance and raised alarm. Many villagers collected over there. All the accused set the shutter of the tubewell of the complainant on fire by sprinkling kerosene oil which was brought by them from their tubewell. The complainant kept on crying inside the kotha. On seeing the collection of villagers, the accused left the place of occurrence. The shutter of the door of the tubewell was partially burnt. Thereafter, the complainant was rescued. He made an attempt to lodge a complaint with SHO Police Station, Kartarpur. The SHO Police Station, Kartarpur tore his complaint and threatened to implicate him in a false case.

(3.) The accused have set up a plea in their statement under Section 313 Cr.P.C. that a false case was launched by the complainant as an order of injunction was already obtained by accused Balbir Singh and two criminal cases were also lodged as against the complainant at the instance of accused Balbir Singh.