GURDEEP SINGH Vs. SUBA SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in the present criminal revision is to judgment dated 08.07.2014 passed by learned Additional Sessions Judge, Faridkot whereby judgment dated 24.04.2013 passed by the learned Judicial Magistrate Ist Class, Faridkot has been upheld and accusedrespondents have been acquitted of the charges levelled against them.

(2.) In brief, the facts relevant for disposal of instant revision are to the effect that the instant case was registered on a written complaint of complainant-Gurdeep Singh wherein he alleged that he is an agriculturist. He and his brother Baljit Singh are married and reside separately. His father Gurbachan Singh had died about 3-4 years ago. His mother Balbir Kaur resides with him. There was pahi measuring 15 karams in length and 6 karams in width in khasra No. 238, which abuts his residential house. Mander Singh and his sons Suba Singh and Jagdev Singh had blocked the pahi in question. His father Gurbachan Singh had filed a Civil Suit regarding the pahi in question against Mander Singh and others, in the Civil Court, which was decided in favour of his father. Mander Singh's wife and his son Suba Singh had filed a case against the complainant and his mother Balbir Kaur and brother Baljit Singh in the Hon'ble Punjab and Haryana High Court, but the case was decided in favour of the complainant by the Hon'ble High Court, vide order dated 18.09.2009 and accused persons were directed to vacate the pahi in question. Mander Singh's wife Nasib Kaur had vacated the pahi in question as per order dated 18.09.2009 passed by Hon'ble High Court and the complainant party started using the pahi in question. That on 06.08.2010, he along with his brother Baljit Singh and other family members had gone to village Gill, District Ferozepur, to attend Bhog Ceremony. His son Harjinder Singh, aged about 18-19 years, was present in the house alone. At about 12.00 noon, his son Harjinder Singh told him on telephone that Suba Singh and Jagdev Singh along with other persons have started raising wall on the pahi in question. Upon receipt of information, he along with his brother Baljit Singh reached at the spot within one hour, where they found that Suba Singh, Jagdev Singh, Sarban Singh, Dara Singh, Janta Singh, Gogga, Budh Singh, Jagsir Singh son of Shingara Singh mason, Suba Singh son of Pritam Singh mason, Nachhattar Singh were present and they were handing over bricks and mud to the masons and both the masons were raising the wall. The complainant and his brother asked the accused party not to raise construction, but accused persons raised lalkara and they lifted brick bats in order to give beatings. The complainant intimated the panchayat about the incident, but accused persons had completed the wall and they had constructed shed also and thereby they had encroached the pahi in question. The efforts were made to effect compromise between the parties, but the same could not succeed. The complainant reported that all the accused persons in furtherance of their common intention, have encroached the pahi in question by raising wall therein. On the basis of his statement, FIR No. 96 dated 10.08.2010 was registered.

(3.) Investigation was set into motion. The accused were arrested. After completion of investigation, challan against the accused persons was presented before the Court.