SURINDER KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Surinder Kaur, the applicant-appellant has brought this petition for leave to appeal against the judgment dated 24.11.2011 passed by learned Additional Chief Judicial Magistrate, Panchkula whereby the respondents have been acquitted of the charge in a complaint case filed by her. The applicant-appellant has also questioned the judgment dated 19.09.2012 passed by learned Sessions Judge, Panchkula whereby the appeal preferred by Surinder Kaur was held to be not maintainable and consequently dismissed.

(2.) The case of the complainant, briefly put, is that she and the accused are residents of village Abheypur, Tehsil and District Panchkula. On 05.11.2001 at about 1.00 PM when the complainant was working in her plot situated in abadi deh of the village, accused no. 1 to 3 alongwith some other bad elements came there in a tractor trolley and tried to break the barbed wire fencing around the plot. When she told them not to do so, they told her that she had lost the case and , therefore, she had no right to use the plot. Thereafter, she told them that the appeal filed by her is pending in the court of learned Additional District Judge, Panchkula. In the meanwhile, accused no. 4 and 5 also came to the spot and starting beating the complainant and using filthy language towards her. Accused no. 1 to 3 forcibly lifted the cot and loaded the same in the tractortrolley and sent the same to some unknown place. All the accused still stayed at the spot for taking forcible possession of the plot. In the meanwhile, Amar Singh, the husband of the complainant and Ram Singh her son reached the spot and saved the complainant from the clutches of the accused persons. Ram Singh informed the police on phone.

(3.) The accused also declared that the other side had been defeated in the case and so either they leave the plot immediately or they would be killed. It is also the case that after sometime the police came to the spot and took away accused no. 1 to 3 but they were let off after sometime and no action was taken.