JETHA RAM Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Instant criminal revision petition, at the hands of the complainant, is directed against the impugned judgment dated 15.09.2014 passed by learned Additional Sessions Judge, Fazilka, whereby appeal filed by the petitioner against the impugned judgment of acquittal dated 04.09.2012 passed by learned Judicial Magistrate 1st Class, Fazilka, was dismissed, upholding the acquittal of the accused-respondents.

(2.) Brief facts of the case, as recorded by the learned Additional Sessions Judge in para 2 of his judgment, are that FIR in question was lodged on the basis of application No.1995 dated 13.09.2007 filed by Jetha Ram son of Sona Ram to the effect that he was an agriculturist by profession. In the year 2003, he had purchased land measuring 34 kanals 07 marlas through registered sale deed from accused No.7 Bhalwan Singh, whereas the remaining land measuring 05 kanals 07 marlas was purchased through agreement to sell for a sum of Rs.40,000/- and possession was also taken by the complainant. The complainant was owner in possession of this land since the day of its purchase. During the night of 05.08.2007, the complainant had sown Jwar crop in that land. Already, a civil suit was pending qua the land measuring 05 kanals 07 marlas in the Court of S.D.J.M., Fazilka. By ploughing the fields of the complainant, the accused party had caused the loss of Rs.10,000/- to the complainant. That fact came to the knowledge of the complainant, when he went to his fields in order to bring fodder. The complainant followed the marks of Tavis, which led the complainant to the house of accused No.9. The complainant had given information of that occurrence to the Sarpanch of the village. The accused No.9 disclosed that fact that the tractor belonged to accused No.8. The matter was reported at Police Station Khui Khera but no action was taken by the police. The application moved by the complainant was marked to DSP (D), Ferozepur for conducting an inquiry. The inquiry report was submitted by the DSP (D), Ferozepur with the conclusion that sale deed regarding land measuring 34 kanals 07 marlas stood registered in favour of the complainant but regarding land measuring 05 kanals 07 marlas, Bittu son of Darshan Singh had got stay order from the Civil Court against Kashmir Singh etc. Sale deed qua land measuring 05 kanals 07 marlas could not be executed but Balwan Singh and Kashmir Singh had entered into an agreement qua remaining land in favour of the complainant and had received a sum of Rs.40,000/- and possession was handed over to the complainant Jetha Ram qua land measuring 39 kanals 14 marlas. On the basis of said inquiry report, FIR was registered as against nine accused. After completion of the investigation, challan under Section 173 Cr.P.C. was presented in the Court.

(3.) The police report under Section 173 Cr.P.C. having been presented by the investigating agency, copy thereof along with documents attached therewith, was supplied to the accused. A prima facie case was found and accordingly, the accused were charge-sheeted for the offences punishable under Sections 447/427/149 IPC, to which they pleaded not guilty and claimed trial.