SHAM LAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The instant revision has been filed to challenge the concurrent finding of acquittal recorded by Judicial Magistrate and affirmed in appeal by Additional Sessions Judge on 05.07.2012.

(2.) The charge against respondent No. 2 was framed under Section 430 of Indian Penal Code (IPC) for demolishing watercourse (Khal) which was established pursuant to the judgment in the civil litigation which came upto this Court. The 'Khal' was restored in the fields of Killa No. 247/17 and Killa No. 247/18/1 with Police assistance on 04.10.2002. In the FIR lodged with the Police, it was reported that respondent No. 2 accompanied by his other family members dismantled the 'Khal' on 15.12.2002 resulting into a quarrel and the Police did not take any action despite complaint made to them. The 'Khal' was totally dismantled on 26.12.2002 during night.

(3.) The complaint was made against 7 persons including respondent No. 2 but challan ultimately was presented against respondent No. 2 only.