RAJBIR Vs. DARSHAN SINGH AND OTHERS

JUDGEMENT

(1.) A case was registered against the respondents by way of FIR No.109 dated 17.6.1992 of Police Station Uklana under Sections 148,427,447 and 506 read with Section 149 of the Indian Penal Code (IPC for short). They were acquitted by the trial Court on 18.3.2003. The State filed appeal against acquittal while the complainant filed a revision petition also challenging the acquittal.

(2.) Originally there were seven accused but later on respondent No.6 died. The case against the respondents was that complainant Rajbir had made a statement to the police that he along with Chhabil Dass, purchased agricultural land measuring 23 kanal 1 marla from Dhan Kaur of his village and mutation was sanctioned on 6.9.1989. Possession of the land was given to them. On the night between 15 and 16.6.1992, he along with Chhabil Dass was present in their fields to guard the sunflower crop. At about 3.00 am on 16.6.1992, they heard the sound of a tractor and found Darshan Singh and Harpal ploughing the land in which cotton crop had been sown by the complainant party. The said person damaged the crop and in the meanwhile the other accused also came there armed with lathis and gandasis and threatened to kill them.

(3.) Earlier the matter was tried by the Magistrate in view of the offences in the FIR but during trial, complainant moved an application for adding the offence under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act for short). Thereafter, the case was committed to the court of Sessions and the Special Judge, Hisar, who tried the respondents for the offences under section mentioned in the FIR and the offence under the Act.