HARYANA WAKF BOARD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed challenging the judgment dtd. 14/7/2011 passed by the trial Court vide which the respondents/accused were acquitted as well as the judgment dtd. 6/8/2013 vide which the two appeals filed by the petitioner/complainant as well as State of Haryana were dismissed.

(2.) Brief facts of the case are that FIR No.98 dtd. 23/6/2004 under Ss. 447 of the Indian Penal Code, 1860 (in short 'IPC') and 306 of the Places of Worship (Special Provisions) Act, 1991 (hereinafter to be referred to as 'the Act') at Police Station Sadar Panipat was registered against the respondents/accused. It is alleged in the FIR that a complaint dtd. 22/6/2004 was lodged by the Estate Officer, Haryana Wakf Board, Panipat (in short 'the Board') with the police that some persons have encroached upon the land of the Board which was reserved for graveyard situated in village Nimbri, Tehsil and District Panipat. The said land bears Khasra No.50 and 51 measuring 09 kanals 06 marlas and accused persons have taken illegal possession over the same.

(3.) After completion of the investigation, the report under Sec. 173 of the Code of Criminal Procedure (in short 'Cr.P.C.') was submitted and charges were framed against the accused. The prosecution in its evidence produced PW1 - Abdul Sattar, PW2 - HC Sushil Kumar, PW3 - Daya Nand and PW4 - Fateh Mohd., Estate Officer (retired), Haryana Wakf Board, to prove its case and produced on record certain documents, as well. PW1 - Abdul Sattar stated that the land comprising in Khasra Nos.50 and 51 measuring 09 kanals 06 marlas situated in village Nimbri is a place of worship under Sec. 6 of the Act and in the month of June, 2004, the accused persons have encroached upon the same. PW2 - HC Sushil Kumar stated that he has taken the photographs Ex.P1 to P11 and also proved the negative Ex.P12 to ex.P22. PW3 - Daya Nand stated that about 100 people of the village have encroached upon the land by putting their kurries (cow dung) and thereafter, no one is in possession of the same. PW4 - Fateh Mohd., Estate Officer has stated that he moved an application Ex.PW4/A dtd. 22/6/2004 with the police regarding the encroachment made by the accused persons.