BIRU RAM Vs. ISHAR SINGH

JUDGEMENT

(1.) THIS revision under Section 435/439 of the Code of Criminal Procedure is directed against an order of the learned Sessions Judge, Hissar dated the 1st of july. 1965, whereby he has dismissed a revision petition of the petitioner Biru ram, assailing the discharge of one Ganga Ram completely and the discharge of ishar Singh, Maghar Singh, Harwant Singh, Bahadur and Sheo Ram, the other accused persons, under Sections 506 and 148 Indian Penal Code.

(2.) THE facts are not in dispute. Biru Ram, the present petitioner, had filed a complaint against six accused i. e. Ishar Singh. Maghar Singh, Harbant Singh, ganga Ram, Bahadur and Sheo Ram under Sections 447, 148 and 506 of the indian Penal Code on the allegation that they armed with lathis, barchans and guns had entered on his land and forcibly dispossessed him and intimidated him. The learned Magistrate called for a police report under Section 202, Criminal procedure Code, and on consideration of the report summoned all the accused. Thereafter the complainant and another eye witness were examined on oath and were cross-examined on behalf of the accused. Although he had in his list of witnesses, mentioned other witnesses whom he wanted to produce at the trial on the 9th of November. 1964 the complainant made a statement that for the purpose of framing the charge the did not wish to examine any other witness.

(3.) BY his order dated 11th of November, 1964 the learned Magistrate discharged ganga Ram accused completely. He discharged all the other accused of the offence under Section 506, Indian Penal Code but framed charges against them under Section 447 of the Indian Penal Code. Since an offence under Section 447, indian Penal Code, was triable by a Panchayat, he sent the case to Gram panchayat Chakkan for trial.