KHUSHI RAM YADAV Vs. RADHEY SHYAM AND OTHERS

JUDGEMENT

(1.) Present criminal revision petition has been preferred

(2.) The brief facts of the case are that the respondents along with their co-accused Billu Ram (since deceased) were booked for having committed the offences punishable under Sections 147, 148, 379, 427, 452 and 506, read with Section 149, IPC, in a case arising out of FIR No. 263, dated 4.12.1995, registered at Police Station, Sadar, Rewari, on the brief allegations that on 3.12.1995, at about 9.50 a.m., the petitioner, Khushi Ram Yadav, presented an application to the Station House Officer, Police Station, Sadar, Rewari, alleging that Radhey Shyam, Ram Kishan, Murli, Ram Kanwar and Satyadev were demolishing the construction raised by him (Khushi Ram) and they were opening door towards the land of the complainant. The women folk standing on the roof of the house were pelting stones and bricks upon the complainant party. Since no cognizable offence was disclosed at that time, therefore, DDR No. 7, dated 3.12.1995, was recorded. On the same day, at about 10.00 a.m., Khushi Ram Yadav made yet another application before the police alleging that the accused mentioned above had demolished the wall of their house and took away bricks and other material. Consequently, FIR No. 263, dated 4.12.1995, under Sections 147, 148, 379, 427, 452 and 506, read with Section 149, IPC, was registered at Police Station, Sadar, Rewari.

(3.) Two reports under Section 173, Cr.P.C., were presented against 10 accused persons and all of them were charge-sheeted for the offences punishable under Sections 147, 379, 427, 452 and 506 read with Section 149, IPC, by the learned Trial Court, vide its order dated 19.9.2007, to which they pleaded not guilty and claimed trial.