BHOLA SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) By this order, I will dispose of CRR No. 2268 of 2002, filed by revisionist Bhola Singh against the judgment and order dated 13.6.2002, passed by the learned Additional Sessions Judge, Mansa, vide which Baldev Singh, Major Singh and Hardev Singh were acquitted of the charges framed against them.

(2.) In the FIR No. 23 dated 18.4.2000 registered at the instance of Hardev Singh under Sections 323/325/34 IPC at Police Station Joga, Bhola Singh (one of the accused) made the statement (Ex.PF) before the Investigating Officer/Assistant Sub Inspector Jagdish Kumar and stated that he is married with the daughter of Karnail Singh son of Bishan Singh. His wife has another sister Ram Kaur, who is married with Harbhajan Singh son of Ajit Singh. They both are residing at village Ubha. Karnail Singh, his father-in-law had given the land measuring 1 killas to Baldev Singh son of Jangir Singh for cultivation purpose and that they had been asking to return of this land from Baldev Singh for the last 2/2 years. In this regard, their cases were also pending in the Court, which have been decided in their favour. The Panchayats were convened a number of times for getting the land released, but they (Baldev Singh and others) did not abide by the decision. They were reaping the wheat crop on 17th April, 2000. They (Bhola Singh and others) had stopped them by saying that they will not allow them to reap the wheat crop till some decision comes. Bhola Singh, Harbhajan Singh son of Ajit Singh, his 'Saandu' (wife's sister's husband), Jarnail Singh son of Jangir Singh and Bikkar Singh residents of Daleel Singh Wala, Madan Singh son of Darbara Singh resident of Raiya, Police Station Phul, District Bathinda and his son Chand Singh were lying in the field in the night and at about 9:45 PM (night) Baldev Singh son of Jangir Singh armed with Takua, Hardev Singh son of Bhag Singh, armed with Soti and Major Singh son of Jangir Singh, armed with gandasa came there and soon after their arrival, they threatened that they will be taught a lesson for lying in the wheat crop field and simultaneously, Baldev Singh delivered Takua blow, hitting him (Bhola Singh, PW) on the knee of his left leg and he fell down on the ground and soon thereafter, Hardev Singh gave Soti blow, hitting him (Bhola Singh, PW) on his right arm and then Major Singh dealt two soti blow on the back of his right shoulder. Harbhajan Singh and others, with a view to save him, came there by raising an alarm. They (Bhola Singh and others) were also having dang/sotis with them and they also caused sufficient number of injuries to Baldev Singh, Hardev Singh and others. They (Bhola Singh and others) stayed in the night in field, out of fear and came to Mansa in the morning for arranging money for buying medicines etc. for them and after making such arrangements, he (Bhola Singh, PW) was got admitted in Civil Hospital, Joga. The motive behind the occurrence is that they (Bhola Singh and others) were pressing for the land of their share, which they were not leaving.

(3.) During the course of investigation, injury No. 1 on the person of Bhola Singh was found to be grievous in nature and offence under Section 325 IPC was added. After the completion of the investigation, the challan was filed under Sections 325/323 read with Section 34 IPC. Since the cross case was committed to the Sessions Court, therefore, this case was also committed to the Sessions Court.