SUDESH AND OTHERS Vs. NAFE SINGH AND OTHERS

JUDGEMENT

(1.) CRM No. 45661 of 2012 For the reasons stated in the application, which is supported by affidavit, the same is allowed and delay of 350 days in filing the instant appeal is condoned. Prayer is made by appellants in terms of Section 378 (4) Cr.P.C. for the Special Leave to Appeal against judgment of acquittal passed by learned Judicial Magistrate.

(2.) Respondent no. 1 was elected MLA from Jundla constituency of Haryana as Indian National Lok Dal (INLD) candidate. It was stated that after elections the respondents encroached upon khasra no. 1623 of village Kherinaru which is Gair Mumkin Johar (pond) belonging to village community/ panchayat and then raised building thereon.

(3.) Majority of the inhabitants formed a committee called Johar Chhurao Sangharsh Samiti for which Maha Panchayat was held on 16.12.2001. Various representations were also sent. On 20.12.2001, an application was filed before the Sub Divisional Magistrate (SDM), Karnal for demarcation of the area of pond. The SDM appointed Som Nath revenue official as Local Commissioner. Som Nath aforesaid visited the spot for demarcation on 28.12.2001. As soon as the demarcation commenced, the accused persons pounced upon the complainant and others and threatened them with dire consequences. It was stated that accused-respondent no. 2 inflicted injury on the head of Mohinder Singh with saria (iron rod), accused-respondent no. 3 inflicted a lathi blow on the right knee of Rajinder and accusedrespondent no. 4 a lathi blow on the nose of complainant. Accused-respondent no. 1 is also said to have given fist blows on the face of complainant by which his teeth were loosened.