SURINDER KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Respondents No. 2 to 6 along with one Angad Dass (who is dead) were made to face trial in FIR No. 73 dated 30.5.2008 Police Station Tapa, for commission of offences under Sections 148, 452, 382, 395 and 506 read with Section 149 IPC. It was an allegation against them that they, on 30.5.2008, formed an unlawful assembly, armed with deadly weapons and committed house trespass by entering into a building belonging to one Surinder Kumar (the complainant). They had also made preparation to commit theft of the articles and dacoity of cement bags etc.

(2.) It is necessary to mention here that process of law was started on a statement Ex.PA made by Surinder Kumar-applicant/complainant to ASI Sham Singh PW-3, on the basis of which an FIR was recorded against the above accused. The trial Judge has noted the following facts regarding case of the prosecution :-

(3.) It was an allegation against the respondents/accused that they have made an attempt to take forcible possession of the disputed plot. After getting the FIR Ex.PA/2 recorded, the Investigating Officer went to the place of occurrence, prepared a rough site plan of that place. He also took into his possession trolley along with iron rods and cement bags against recovery memo Ex.PB, He also got clicked the photographs of the spot where alleged occurrence had taken place. The accused were arrested in the meantime. The Investigating Officer recorded statements of the witnesses and on completing all the formalities, put up the final report in Court. Copies of the documents were supplied to the respondents/accused as per norms. Case was committed to the competent Court for trial. Accused Angad Dass died during pendency of the trial and proceedings against him ordered to be abated vide order dated 25.10.2010.