JASPINDER SINGH DHAMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision has been filed to challenge the concurrent findings of conviction recorded against the petitioners by both the Courts below. Petitioner No. 1-Jaspinder Singh Dhami was convicted of the charges under Sections 452/326/324/323 of the Indian Penal Code (IPC) whereas petitioner No. 2-Sarabjit Kaur was convicted under Sections 452, 326 read with Section 34 and 324/323 IPC. They were acquitted of the charges under Sections 506 and 427 IPC. Both the petitioners were awarded the sentences as under:- <FRM>JUDGEMENT_1650_TLP&H0_2014_1.html</FRM>

(2.) As per custody certificates placed on record by the State counsel, petitioner No. 1 by now has undergone about 6 months whereas petitioner No. 2 about 5 months of actual sentence.

(3.) The facts briefly stated are that complainant-Jiwan Kishan Khullar (PW-1), Excise Inspector (retired) recorded First Information Report (FIR) with the police for the incident dated 8.11.2003. There was 16 feet of vacant land in between the houses of the complainant and the petitioners-accused. 10 feet of the site belonged to the complainant and remaining 6 feet to petitioner No. 1. Petitioner No. 1 was not permitting the complainant to raise construction over this 10 feet wide plot. The dispute with regard to ownership of the vacant land was pending before the Civil Court, Hoshiarpur which was decided on 18.9.2003 in favour of complainant.