SHAM LAL Vs. OMKAR ALIAS OMA AND ANOTHER

JUDGEMENT

(1.) The appellant has filed the present appeal for challenging the judgment dated 4.10.2013 passed by the learned Sessions Judge, Pathankot whereby respondent No.1-Omkar alias Oma stands acquitted of the charges under Sections 295 and 436 IPC.

(2.) The alleged occurrence had taken place on 12.12.2012 but the FIR came to be lodged on 14.12.2012. While lodging the FIR, the appellant stated that the FIR could not be lodged promptly as some talks of compromise started but it was not so stated either by the appellant or by PW2-Lal Chand at the trial of the case. Such an explanation can also not be accepted as it was the prosecution case itself that the parties were pitted against each other and the accused had been objecting to the construction of the temple and had also made complaint to the Block Development Officer for removing the construction made by the complainant party for setting up a temple on the government land.

(3.) In view of the above, no case is made out for any interference in the impugned judgment of acquittal.