GURMITO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') for directing respondents Nos. 2 and 3 to register a criminal case against respondents Nos. 4 to 15.

(2.) ACCORDING to the averments in the petition, Sharif Kumar, the husband of the petitioner and his father late Shri Chamba Ram were landless Harijans of village Bambinawal within the jurisdiction of Police Station, Sadar Jalandhar. In pursuance of a scheme announced by the Government two plots bearing Nos. 56 and 76 adjacent to each other, each measuring 5 Marlas, situated in Kaypee Nagar, village Bambinwal, were allotted to said Sharif Kumar and late Shri Chamba Ram, respectively. On the death of Chamba Ram and his wife, plot No. 76 was also inherited by Sharif Kumar being the only son of his parents. The petitioner along with her family members has been residing in the area of those plots since then.

(3.) IT is then alleged that on 14 -1 -1995 at about 12/12.30 p.m., respondents Nos. 4 to 15 with a common object of all of them to dispossess the family of the petitioner from the said plots committed criminal trespass into the house of the petitioner and resistance was offered by the petitioner and other family members including her husband. It is further stated that at that time Gulzari Lal, respondent No. 10, was holding a plastic can containing kerosene whereas the remaining respondents were accompanying him; that Karnail Singh raised a lalkara exhorting his companions to put the house on fire, whereupon Gulzari Lal poured kerosene on the luggage and house -hold articles lying inside the room; that Karnail Singh took out a match -box from his pocket and set on fire the goods and the house in order to destroy them and kill the family members of the petitioner. It is also alleged that Madan Lal respondent who was armed with a kirpan gave two blows with the same which hit the petitioner on her right fore -arm and left fore -arm. Bhupinder Singh respondent was armed with a gandasi with which he gave a blow to the petitioner and that other respondents also gave injuries to the petitioner. An attempt was also made by the respondents to throw the petitioner inside the fire. Thereafter Pritpal Singh respondent ploughed the open space with the tractor. It is also alleged that after setting on fire the goods and the house, respondents Nos. 4 to 15, with common object forcibly took away unburnt goods of the petitioner in a tractor -trolley. Hue and cry raised by the petitioner attracted Daulat Ram, Ex -Sarpanch, Roop Lal, Gopal Chand, Mohan Singh, Smt. Mohindo and Smt. Maya to the spot who rescued the petitioner and her children from the respondents. The petitioner was medico legally examined in Civil Hospital, Jalandhar, on 14 -1 -1995 at 4.05 p.m. The doctor noticed seven injuries. Three injuries were the result of sharp weapon, whereas four injuries were the result of a blunt weapon. After x -ray examination of the right fore -arm of the petitioner, injury No. 1, caused by sharp -edged weapon was declared to be grievous in nature.