SURAT SINGH Vs. NISHAN SINGH

JUDGEMENT

(1.) This order of ours would dispose of the Criminal Appeal No. 144- MA of 2006, filed by Surat Singh, under Section 378(4) of the Code of Criminal Procedure, for permission of this Court to file an appeal against the orders of acquittal dated 22.12.2005, whereby the learned Sub Divisional Judicial Magistrate, Patti, acquitted the accused in case FIR No. 50 dated 12.4.1998, registered under Sections 307, 379, 382, 452, 506 and 34 of the Indian Penal Code, which was registered on the basis of Criminal Complaint filed by the complainant Surat Singh.

(2.) In brief the facts of the case are that Surat Singh, Massa Singh, Harbans Singh sons of Bhola Singh are the owners of Bharat Industry Works, Patti and owned some plots near I.T.I. College. Regarding this plot, Nishan Singh son of Jawal Singh, resident of Manihala Jai Singh had filed petition in the Hon'ble High Court and the same was decided in favour of the complainant party. On 10.4.1998 after the decision by the High Court, they started construction on the plot. On 11.4.1998 in the morning when they went to start the construction, found that the construction work which was done on the previous day was demolished and about 3000 bricks were found missing. It was learnt that the building material has been taken away in tractor-trolley by Sukhdev Singh, Harjit Singh sons of Harbans Singh and Nishan Singh with the help of 10/15 persons. On this complaint, a case was registered and the investigation was taken up. The accused persons named in the complaint was joined in the investigation but lateron the complainant filed a complaint in the Court. In the complaint which was filed in the Court, it was alleged that they are the proprietor of M/S Bharat Industries Works, Patti and have two kanals plot on the Khem Karan Patti Road, Patti. It is further alleged that accused No. 3 Nishan Singh in connivance with accused No. 1 Sukhdev Singh obtained an order of correction of khasragirdawari from the Court of Tehsildar, Patti on 23.04.1993, which was set aside in appeal filed before the Collector vide order dated 16.6.1994. A civil suit was filed by Nishan Singh which was dismissed on 28.11.1996. Appeals against the orders dated 16.06.1994 and 28.11.1996 filed by Nishan Singh were also dismissed upto the level of High Court. The complainant thereafter filed a suit for permanent injunction against Sukhdev Singh etc. in which they made statement before the Court on 24.1.1995 that they would not raise any construction in the suit property and as such on the basis of that statement the suit filed by the complainant was dismissed as withdrawn. On 10.4.1998 when the construction work on the aforesaid plot was going on, some police personnel including ASI Harbans Singh came to the plot and got the construction work stopped with the assurance that the building material would not be removed by any one. As directed by the police personnel, the complainant reached police station at 4 PM but the accused persons did not come present. It is alleged that on 11.4.1998, the accused persons along with 18/20 persons armed with deadly weapons with two tractortrolleys started demolishing the construction and took away the building material. The matter was reported to the Police Station, Patti but no action was taken. Hence, criminal complaint was filed in the Court. The learned Magistrate, after recording preliminary evidence of the complainant, summoned all the accused to face prosecution under Sections 382, 452, 506 read with Section 34 of the Indian Penal Code. Vide order dated 14.11.1998, the criminal complaint and the state case were clubbed together.

(3.) The accused were charged sheeted under Sections 382, 452, 427, 506/34 of the Indian Penal Code, to which they pleaded not guilty and claimed to be tried.