PYARE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 9.10.2012 passed by learned Sessions Judge, Jind vide which the findings recorded by learned Chief Judicial Magistrate, Jind vide judgment dated 20.3.2012 acquitting respondent No.2, were affirmed.

(2.) A written complaint dated 2.8.2008 was given by Pyare Lal (revisionist) to the Station House Officer, Police Station Sadar, Jind stating therein that he, his wife Maya Devi and daughter Kamlesh had purchased land measuring one kanal thirteen marlas situated on Safidon Road, Jind, within the revenue estate of village Haibatpur, from Kaushalya Devi wife of Ved Parkash, resident of Panchkula vide registered sale deed dated 7.6.2009 and mutation no. 699 was sanctioned in their favour regarding the sale. Kaushalya Devi had purchased the land from one Lakhi s/o Shadi on 15.6.1972. Prior to that Lakhi had given the land on lease for 99 years to Sat Bhushan s/o Banarsi Dass, resident of Jind. After the death of Sat Bhushan, his son Arun Kumar had relinquished the lease hold rights in favour of Kaushalya Devi by executing a release deed dated 7.6.1999. As such, Kaushalya Devi had a right to sell her share in the land. She had delivered the possession of the land to them (complainant etc.) at the time of registration of the sale deed dated 7.6.2009. Prior to that she was shown in cultivating possession on the basis of report no.248, Register no.16 and she remained owner in possession of the said land from 1972 to 1999. On 1.8.2008, Suraj Mal Pahlwan, resident of village Sisar alongwith 15 -20 persons laced with lethal weapons came to him (revisionist Pyare Lal) and said that the land belonged to Giano Devi and he had been sent to take possession of the same. He asked him to leave the land or lose his life. Out of fear, he came to his house from the spot because Suraj Mal etc. being criminal type of person wanted to forcibly occupy the land. On the statement of the complaint, FIR No.258 dated 10.9.2008 was registered under Sections 148, 452, 506 read with Section 149 of the Indian Penal Code at Police Station Sadar Jind. During investigation, Sections 148 and 149 IPC were deleted. Suraj Mal Pahlwan -respondent was arrested and on completion of investigation, he was challaned and sent for trial.

(3.) THE respondent was charge -sheeted for commission of offence punishable under Sections 456, 506 of IPC. Evidence of the prosecution was recorded. Statement of the accused under Section 313 of the Code of Criminal Procedure was recorded and on his plea of innocence, he was called upon to adduce evidence in defence.