JAI BHAGWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCORDING to the prosecution case as set out at the trial Smt. Chander daughter of Pirthi Singh of village Talu was married to Bani Singh of village Dharamkheri 10 days prior to 21.1.1992, she had come to her parents from her in-laws. A dispute was going on between her father and her uncle Mohinder over 4 kilas of land as the same was standing in the name of her cousins Sunil, Jai Bhagwan and Anil sons of Mohinder. Her brothers Wazir and Inder Singh had been cultivating that land for the last 30 years. There had been little altercation between them several times on account of dispute of possession. Jai Bhagwan, Anil, Partap and Jag Ram had once destroyed the crop standing in those 4 kilas of land. On account of destruction of the crop standing in those 4 kilas by Jai Bhagwan, Anil, Partap and Jag Ram, an application was filed at Police Post, Mundhal. In the wake of that application, the police initiated cross-security proceedings against both the parties namely, Pirthi, Wazir, Inder Singh on the one hand and Jai Bhagwan, Anil Kumar, Partap and Jag Ram on the other hand. On 21.1.1992, Jai Bhagwan etc. were at out-let.

(2.) ACCUSED were committed to the Court of Session by Judicial Magistrate Ist Class, Bhiwani vide order dated 28.5.1992. Sushil Kumar was ordered to be challaned before the Juvenile Court vide order dated 1.5.1992 passed by the Judicial Magistrate, Bhiwani.

(3.) ACCUSED were charged under Sections 148, 302, 307, 325, 324, read with Section 149 of the Indian Penal Code by the Additional Sessions Bhiwani on 5.11.1993. Accused pleaded not guilty and claimed trial.