DARSHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has questioned the legality and propriety of order dated March 21, 2013 passed by lower Appellate Court of Additional Sessions Judge, Hoshiarpur acquitting respondents No.2 to 10 by setting aside the conviction and sentence of the respondents ordered vide judgment dated May 24, 2010 by the trial Court.

(2.) Brief facts relevant for adjudication of the present revision petition are that the petitioner had filed complaint under Section 500 / 120 B IPC against the respondents alleging that he had been elected Sarpanch of the Village in the year 2003 whereas respondent No.2 was a rival candidate for the post of Sarpanch whereas the remaining accused were supporters of respondent No.2. The respondents hatched a conspiracy to defame the petitioner by lowering his prestige in the eyes of the general public. They moved an application dated December 12, 2003 to DDPO, Hoshiarpur against the petitioner alleging that he had received 56 quintals of wheat for giving the same to the labourers under the food for work programme and sold the same and misappropriated the sale proceeds. An inquiry was conducted by DDPO, Hoshiarpur in presence of villagers on December 16, 2003 through Panchayat Officer, Garhshankar. In inquiry, the allegations were found false and the petitioner was exonerated. The respondents accused thus allegedly lowered down the reputation of the petitioner in the eyes of public. Petitioner filed a private complaint and examined CW1 Chanan Ram, CW3 Anant Singh while examining himself as CW2.

(3.) The application filed by respondents Ex.C1 dated December 12, 2003, addressed to DDPO, Hoshiarpur was relied upon by the trial Court and the respondents were convicted. The lower Appellate Court arrived at a conclusion that moving an application like Ex.C1 before DDPO, who is officer Incharge, by the respondents, would fall within exception 8 of Section 499 IPC. The order of conviction was set aside on the ground that the trial Court had over-looked exceptions 8 and 9 of Section 499 IPC. The operative part of the judgment of acquittal passed by the lower Appellate Court reads as follows:-