CHET RAM Vs. RAGHUNANDAN

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 15/4/2002 rendered by the Additional Sessions Judge - Fast Track Court-II, Faridabad whereby respondents No. 1 to 11, who were charged with and tried for offence punishable under Ss. 148, 323, 325, 506 of the Indian Penal Code (in short 'IPC'), have been acquitted.

(2.) Leave to appeal qua respondents No. 2 to 5, 7, 8 namely Ram Kumar, Ram Babu, Ramesh, Dhanshi, Shobha Ram and Sri Ram was granted. Leave to appeal qua respondents No. 1, 6 and 9 to 11 namely Raghunandan, Devi, Moola, Bhudev and Rishi was declined vide order dtd. 19/12/2002.

(3.) The appellant had filed complaint under Sec. 323, 325, 506, 148, 149 against the respondents with the allegation that he is resident of village Khambi. He had taken 10 acres of land of the Gram Panchayat on lease in the year 1993 for a period of five years. He had paid the lease money to the Gram Panchayat which had handed over the possession of the land to him. The land was earlier owned by Jumla Mustarka Malkan. He had spent almost Rs.2,50,000.00 to improve the land. On 5/6/1995 he was returning after ploughing the fields. At about 3.00 pm when he reached the village the accused questioned him as to why he was ploughing the land. They said that the Gram Panchayat had leased out the land to them on 26/5/1995. Complainant told them that he had taken the land on lease for a period of five years i.e. 1993 to 1998 and the Gram Panchayat had no right to lease out the land again to some other person. The accused threatened the complainant that they would forcibly take possession of the land and not allow the complainant to cultivate the same. There was exchange of hot words between the complainant and the accused. The complainant told the accused that they could not forcibly dispossess him. On this all the accused who were armed with lathies attacked him. Accused Shobha Ram, Sri Ram and Ramesh caused injuries with lathies on the finger of his right hand resulting in his finger being fractured. Bijender son of Ram Singh, Kishore s/o Ghanshyam, Tika Ram s/o Roshan Lal, Shiv Charan s/o Ram Chand, Balbir s/o Ram Lal, Paras Ram s/o Ram Chand came to the rescue of the complainant. The accused caused injuries to them as well. Accused Ram Kumar and Lachhi Devi caused injuries to Bijender on his head, right shoulder and right arm. Ram Kumar and Lachho caused injuries to Kishori on his temple, right thumb and head. Accused Ram Babu caused injuries to Roshan Lal on his right leg. Accused Shobha caused injuries to Shiv Charan on his head with a lathi, while Moola and Raghunandan had caught hold of him. Accused Dhanshi and Ramesh caused injuries to Balbir on his thumb and scapula. Bhudev and Rishi caused injuries to Paras Ram on his left shoulder and middle finger with lathies. After hearing their cries Kishan s/o Srichand, Narayan s/o Vasudev, Raju s/o Hari came there and rescued them. The accused also received some injuries during the occurrence. Some of the injuries were sustained when they were hit by the lathies of their co-accused in the melee. Some injuries were caused to the accused in self-defence.