JASMAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CRM -29273 -2014.

(2.) ALLOWED , as prayed for, subject to all just exceptions.

(3.) IN brief, the facts relevant for disposal of instant revision are to the effect that complainant -Jasman Singh got recorded his statement to the police. In his statement, complainant alleged that he had purchased 4 kanals 6 marlas land from Joginder Singh, however, he had not taken the possession. In the joint land, he and Ram Pal entered into agreement of land measuring 64 kanals 12 marlas of land on 31.12.2009 with Kuldeep, Sukhjeet Singh, Sukhdev Singh sons of Jaswant Singh, Amarjit Kaur, Kuldeep Kaur and Jasbir Kaur for consideration amount of Rs. 27 lacs. The total price of Rs. 27 lacs was fixed and he was not in possession. On 10.05.2011, he and his brother Kewal Singh had gone to cultivate the land with his tractor. Then at about 5.00 p.m, his brother was ploughing the fields with his tractor and he was standing on the embankment (Watt). In the meantime, Sukhjeet Singh armed with gandasi, Major Singh armed with gandasi, Kaka Mund armed with stick, younger son of Ram Singh, Ex -Sarpanch came to him and Major Singh raised lalkara to teach them a lesson for entering in the fields. Then, Sukhjeet Sigh gave blow of gandasi which hit on the right side of his head, Kaka Mund gave stick blow which hit on the right side of his head, Kaka Mund gave stick blow which hit on the right side of his back, then Major Singh gave gandasi blow which hit reversely on the right thumb. Then he fell down on the ground. Sukhjeet Singh again gave gandasi blow which reversely hit below the right knee and younger son of Ram Singh gave kick blows. The complainant raised hue and cry upon which attracted his brother Kewal Singh, Joginder Singh, Kulwinder Singh and Mohinder Singh, who rescued him from the clutches of the accused. Thereafter, the accused fled away from the spot with their respective weapons. The complainant got admitted in the Civil Hospital, Hajipur. On the basis of his statement, FIR No. 18 dated 21.05.2011 was registered. Investigation was set into motion. The accused were arrested. After completion of investigation, challan against the accused was presented before the Court.