JAMIL AHMED Vs. HANIF

JUDGEMENT

(1.) THIS is a revision petition filed by Jamil Ahmed and another (hereinafter described as the petitioners) directed against the order passed by the Additional Chief Judicial Magistrate, Jagadhri dated 13.9.1994. By virtue of the impugned order, the learned trial Court concluded that prima facie offence punishable under section 307, I.P.C. is not made out.

(2.) IT has been pointed out that the complainants are owners in possession of land measuring about one acre and a marla near village abadi. The village panchayat wants to forcibly occupy that land. An order has been passed by the High Court of Punjab and Haryana in favour of the applicants and it had been served on the panchayat. Despite this the panchayat had tried to tres-pass into the land and contempt proceedings have been initiated on 5.11.1992. On the fateful day, another attempt was also made to tres-pass into the land. Lal Deen and Jamil tried to impress upon the accused not to tres-pass into the land. They paid no heed. They shouted that whosoever would come forward would not be spared. Rasid Mohmad son of Jandu attacked Lal Deen with his gandasi and gave two or three blows on the head of Lal Deen. Meenu and Noora also gave lathi blows to Lal Deen. Ali Mohamad gave gandasi blow on the head of Jamil Ahmad. Hanifa, Satar and Shanti Lal also gave lathi blows to Jamil Ahmad. Lal Deen and Jamil had fallen on the ground. Furthermore, it is asserted that Gafoor gave lathi blows while Salamoo accused gave lathi blows to the injured. On hearing the noise, Noor Mohmad and Alizan reached the spot. On seeing them, the assailants left the spot.

(3.) AGGRIEVED by the said order, the present revision petition has been filed.