MAHINDRA BAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the orders dated September 6, 1997 passed by the Judicial Magistrate 1st Class, Fazilka (Annexure P2) and May 6, 1999 rendered by the Additional Sessions Judge, Ferozepur (Annexure P3).

(2.) AS per the prosecution, First Information Report No. 81 dated May 13, 1995 under Sections 454/380/440/448/427/148/149 I.P.C. was registered at Police Station Sadar Fazilka against Jagar Singh, Malkiat Singh, Surjit Singh, Karnail Singh, Mahindro Bai and Dalip Singh on the statement of Harbans Lal Sarpanch. During the course of investigation, the police found Mahindro Bai and Dalip Singh, present petitioners, as innocent and has shown them in column No. 2 in the challan. Statement of P.W.1 Harbans Lal was recorded by the Judicial Magistrate Ist Class, Fazilka on August 28, 1996 in which he stated that Joginder Singh, Phuman Singh and Ram Kishan members panchayat came to his house and told him that accused Jagar Singh, Malkiat Singh, Surjit Singh, Karnail Singh, Dalip Singh and Mahindro Bai had made an opening in the room of the Panchayat Ghar after breaking the wall of the Panchayat Ghar. He accompanied them to the place of occurrence and saw that the bricks of the wall had been removed and there was an opening in the wall. He then alongwith members panchayats went to the house of the accused persons and saw that the bricks were lying in the house. All the accused belong to a single family.

(3.) THE case proceeded further. On April 8, 1997, Joginder Singh appeared in the witness-box as P.W.3 and deposed that on reaching the Panchayat Ghar, he saw that Surjit Singh, Malkiat Singh, Jaggar Singh, Karnail Singh, Mahindro Bai and Dalip Singh were breaking the wall of the building with Sabbals (Crowbars).