HAZARA RAM Vs. JAGIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 29.04.2002, rendered by the Court of Additional Sessions Judge, Ferozepur, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 22.10.1999, rendered by the Court of Judicial Magistrate Ist Class, Ferozepur, convicting the accused (now revision-petitioners) and awarding them various terms of sentence, for the offences punishable under Sections 452, 325 and 325 read with Section 34 of the Indian Penal Code.

(2.) THE facts, in brief, are that on 21.01.1991, at about 9 PM, Jagir Singh, at the relevant time, aged about 52 years, and his family members,were present, in their house, and were about to sleep after having meals. The accused (revision-petitioners) trespassed into their house by raising exhortations. Hazara Singh gave fist blows on the face of the complainant. When hue and cry was raised, Sukhvir Singh, son of the complainant, was attracted to the spot, from the nearby tube-well. Thereafter the accused ran away. The complainant was then taken to Civil Hospital Jallalabad, where he was medicolegally examined. His statement was recorded but no action was taken by the Police. 2-A. It was stated that the motive for the occurrence was that the panchayat gave a passage to the complainant, for approaching his house, but the accused obstructed him, from using the said passage. When no action was taken by the Police, a Criminal complaint was filed, by the complainant.

(3.) IN pre-charge evidence, Jagir Singh, complainant, himself, appeared in the witness box as PW-1, Dr. Vijay Khariwal, PW-2, Swaran Kaur, PW-3 and Sukhbir Singh, son of the complainant, PW-4. Thereafter, the pre-charge evidence was closed.