NARINDER KUMAR Vs. RAJVIR SINGH AND ORS.

JUDGEMENT

(1.) THIS is an application filed under Section 378(4) CrPC seeking permission to grant special leave to appeal against the judgment of acquittal dated 16.3.2012 passed by Judicial Magistrate Ist Class, Ambala, whereby the accused -respondents have been acquitted of the charges framed against them under Sections 148, 149, 323, 341, 427, 452, 506 IPC read with Section 120 -B IPC.

(2.) BRIEFLY stated, that facts of the case are that the complainant -applicant filed a complaint under Sections 148, 149, 323, 341, 427, 452, 506 IPC read with Section 120 -B IPC and sought prosecution of the accused for the aforesaid offences. In the complaint, the complainant -applicant has alleged that his mother had purchased land measuring 64 kanals 9 marlas situated in Village Panjail, Tehsil and District Ambala from one Baljeet Singh in a restricted auction, which took place on 23.5.1995. The said auction was confirmed by the Settlement Commissioner on 14.6.1995. As per the terms of the auction, said Baljeet Singh was restricted from executing the transfer of documents in favour of any other person for 10 years from the date of purchase. In May 2002, when said Baljeet Singh was in need of money and to meet out this urgency, he approached the family of the complainant -applicant and offered to sell his land measuring 64 kanals 9 marlas, to which the complainant - applicant's family agreed to purchase. Accused Baljeet Singh appointed accused Madan Singh as his attorney and accordingly, Madan Singh entered into an agreement of sale of land in question on behalf of said Baljeet Singh @ Rs. 1,50,000/ - per acre. Madan Singh received Rs. 8 lacs in cash as earnest money and also executed an agreement of Pattanama/lease deed and received Rs. 2,40,000/ - as lease amount. He executed a special power of attorney in favour of mother of the complainant - applicant. Thus, Madan Singh has received a total sum of Rs. 10,40,000/ - from the complainant's family and since then, the complainant and his family members are cultivating the land as absolute owners. The complainant's mother, accordingly, applied for correction of entries regarding physical possession of the said land before the competent authority. After getting possession, the complainant sowed sugarcane crops in the land in question. In the complaint, it was alleged that on 1.4.2001, when the complainant along with Prem Singh son of Umrao Singh and Munni Lal son of Leela Ram were present in their fields for irrigating the sugarcane crops, at about 4.30/5.00 p.m., all the accused -respondents along with 140/150 other mischievous persons armed with deadly weapons entered the fields of the complainant -applicant, whereas the accused Rajbir Singh and Ranbir Singh had exhorted that the complainant be taught a lesson for purchasing the land. The other accused Mewa Singh, Raj Kumar, Baljeet Singh and Madan Singh were driving tractors armed with gandasis. Two other tractors were being driven by two other persons whose names were not known to the complainant - applicant. Accused Risal Singh came in the field of the complainant -applicant by travelling in his car and raised lalkara that they would take the possession. On hearing the lalkara and seeing the crowd, the complainant and his companions ran away towards the tubewell kotha and got themselves locked inside the tubewell kotha. The accused Jagjit, Pardeep and Randeep having rifles in their hands along with other mischievous persons attacked the complainant -applicant and broke open the door of the said tubewell kotha. They forcibly entered in the tubewell kotha along with their respective weapons. Accused Jagjit Singh gave a blow of butt of his rifle to the complainant -applicant on his abdomen and also slapped him. Finding him in a troubled situation, the complainant and his companions requested the accused to leave them and assured them that they will never cultivate the land. It is on this assurance, the accused allowed them to leave the fields. All the accused gave filthy abuses to the complainant -applicant when they were leaving the field. They also threatened the complainant that if he tried to cultivate the land in question, his entire family will be eliminated. The accused persons, who were in six different tractors, started ploughing the standing sugarcane crops of the complainant and destroyed the crop worth Rs. 3 lacs. The occurrence was witnessed by complainant's parents from a distance. Though the complainant made a complaint to the police station Barara to lodge a report, but instead of taking action against the accused, the police has lodged DDR No. 15 dated 4.1.2001 and assured the complainant that they would investigate the matter and take action.

(3.) ON the basis of evidence led by the complainant, the accused were ordered to be summoned to face trial for commission of offences under Sections 148, 149, 323, 341, 427, 452, 506 read with Section 120 -B IPC by Judicial Magistrate Ist Class, Ambala Cantt. On the basis of pre -charge evidence, the accused persons were ordered to be chargesheeted for commission of offences under Sections 148, 323, 341, 427, 452, 506 read with Section 149 IPC. In post -charge evidence, the defence further cross -examined the witnesses Narinder and Saroj Devi.