MOHINDER KUMAR Vs. PIARA SINGH & ORS.

JUDGEMENT

(1.) The question for determination in the present criminal revision petition is whether in the facts and circumstances of the case the accused-respondents have been rightly discharged in terms of Sec. 245(1) of the Code of Criminal Procedure (Cr.P.C. for short) at the stage after recording evidence and that the learned Additional Sessions Judge, while passing the impugned order has not applied the test of a prima facie case which is applicable at the time of framing charge but has applied the standard of test which is applicable while finally considering the guilt or otherwise of the accused.

(2.) The facts leading to the present case are that Mohinder Kumar complainant-petitioner filed a complaint under Sections 380, 451 and 506 Penal Code against respondents Piara Singh and Surinder Singh on 14.12.1985 on the allegations that he entered into an agreement dated 30.10.1985 with respondent Piara Singh for the purchase, of a house situated at Vijay Nagar, Industrial Area-A, Ludhiana, measuring 210 sq. yards for a consideration of Rs. 50,000- out of which Rs. 10,000.00 were paid as earnest money. The complainant was given part possession of the said house by respondent Piara Singh on 30.10.1985. Accordingly, he placed some furniture in the said portion of the house and used to sleep at night alongwith Mahesh Kumar and would lock the portion in his possession in the morning. Complainant Mohinder Singh and his brother Mahesh Kumar went to the said house in the evening of 13.12.1985 and were surprised to see that locks of the aforesaid portion of the house had been removed and doors were opened. Piara Singh and his son Surinder Singh respondents were sitting on the cots belonging to the complainant. Two beds of the complainant were missing. On being asked Piara Singh accused stated that the locks and beds had been removed by them. The complainant asked the accused to vacate the aforesaid portion and return his beds but they refused to do so. He then said that he would report the matter to the police on which the accused threatened that they would be killed if they dared to come again to the said house. When attention of the accused was drawn towards the agreement whereby part possession of the house had been delivered to the complainant, the accused ran towards the complainant to kill him with a hockey-stick and iron rod. The complainant was rescued by Mahesh Kumar, Madan Lal and Gurcharanjit Singh, otherwise they would have done him to death. The complainant went to Police Station Division No. 6, Ludhiana to lodge a report but the police did not register the case. It appeared to the complainant that the accused had done all this in connivance with the police. Accordingly, a complaint under Sec. 380, 451 and 506 Penal Code was filed before the learned Judicial Magistrate 1st Class, Ludhiana against the accused.

(3.) The learned Magistrate, on the basis of preliminary evidence adduced by the complainant, found a prima facie case under Sections 380, 451 and 506 Penal Code for summoning the accused to stand trial vide order dated 9.6.1987. In the pre-charge evidence, the complainant appeared as PW-1. Besides, Gurcharanjit Singh PW-2 and Balbir Kumar PW-3 and the evidence was closed. The learned trial Magistrate after considering the evidence on record vide his order dated 2.8.1989 discharged the accused.