SWARAN SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) By way of this revision petition, Swaran Singh, the complainant has challenged the judgment dated 03.08.2012 passed by learned Additional Sessions Judge, Ferozepur whereby the appeal preferred by the accused/convicts Sharda Singh and others has been allowed and the revision preferred by the complainant Swaran Singh for enhancement of punishment has been dismissed.

(2.) A case was registered by way of FIR No.195 dated 04.12.1999 at Police Station Mallanwala against Sharda Singh and others for an offence punishable under sections 148, 379, 457, 452, 336, 447, 511, 506 read with section 149 IPC and sections 25 and 27 of the Arms Act, 1959. The facts in brief are that Swaran Singh is resident of village Keema Wali and is agriculturist. There was a vacant space measuring 14 marlas belonging to Kala Singh, Karnail Singh and Natha Singh in front of his house. There has been a small boundary wall of the above stated vacant space. Swaran Singh purchased the said space from Kala Singh and others for a sum of Rs.29,400/-. He constructed a Dhaha and Khurli therein for tethering cattle and placed his agricultural implements alongwith fuel etc. there. He also installed a hand pump there.

(3.) On 03.12.1999 at about 9.30 PM when he was sleeping at his house, he and his father got up hearing some noise from outside the house. They came to the outer door of their house and saw Sharda Singh and others demolishing the katcha wall between the house of Sharda Singh and above stated land, which was purchased by the complainant. They were throwing the malba in the land belonging to them. Sharda Singh was armed with a single barrel 12 bore gun, Balkar Singh and Gurcharan Singh were armed with double barrel 12 bore guns, Sukhwant Singh was armed with double barrel 12 bore gun. Balwant Singh was untethering his cattle. Hearing the noise, Joga Singh son of Kartar Singh came to the spot. The complainant and his father also came forward to prevent them from doing so. At that time, Balkar Singh fired gun shot in the air to overawe them. He also told them that they would be killed if they came forward. Out of fear, they went back. Joga Singh also went to his house. On the next date, the complainant noticed that the aforesaid persons had taken away some wooden planks etc. and they tried to take possession of the vacant land.