BARU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have preferred this petition being aggrieved of the judgment dated 23.4.2010, passed by Sessions Judge, Shaheed Bhagat Singh Nagar, vide which the appeal filed by them along with their co-convict, namely, Daman Bali, challenging the judgment of conviction and order of sentence dated 25.5.2007, passed by Sub Divisional Judicial Magistrate, Balachaur in a complaint filed by the complainant under Sections 392/427/34 IPC, was dismissed. However, conviction and sentence as awarded to the petitioners by the trial Court, was modified and their conviction under Section 382 IPC was set aside and they were convicted under Section 379 IPC. The sentence awarded to the petitioners was also reduced from rigorous imprisonment for two years to rigorous imprisonment for one year. The Appellate Court, after taking into consideration the age of the co-accused, namely, Daman Bali, released him on probation.

(2.) Complainant Gurmukh Bhagat, in his complaint dated 19.12.2002, before Judicial Magistrate Ist Class, Balachaur stated that his uncle Shri Ram was the owner in possession of one house situated in khasra No. 28//15/9, measuring 03 marlas, situated within the revenue estate of village Siana/215, Tehsil Balachaur, District Nawanshahr and he was an attorney of Shri Ram. He further stated that he had constructed a boundary wall on the said plot and constructed one room with tin sheets on the roof. All the accused had the knowledge about the ownership of the said land. On 11.7.2002 at about 8.00 P.M, the accused had forcibly entered the house of the complainant and threatened him and his family members that in case the complainant started residing in the newly constructed house, he would be killed. On the next day i.e. 12.7.2002, at about 6.00 A.M. when the complainant went to the site along with his father, he saw that the accused were having hammer and iron rod (sabbal) and were demolishing the newly constructed room and boundary wall. Accused Baru Ram and Daman Bali took away five tin sheets each, after removing the same from the roof of the room. When they had asked the accused persons regarding their act, the accused persons caught hold of the complainant. On the alarm raised by them, Satwinder Singh, Harbhajan Singh and Paramjit Kumar reached the spot and rescued them from the clutches of the accused.

(3.) The complainant informed the police on the same day by moving an application. On 14.7.2002, the accused persons were called at the police station where they had admitted their guilt and agreed to compensate the complainant for the loss caused by them. However despite repeated requests made by the complainant, no action was taken by the police. Hence, the complaint in question was filed on 19.12.2002.