PARAMJIT Vs. JAGDISH LAL

JUDGEMENT

(1.) VIDE order dated 20.5.97, Additional Chief Judicial Magistrate, Hoshiarpur charged Jagdish Lal and Mohinder Kaur respondents herein in case FIR No. 345 dated 18.11.96 registered under section 427/435 IPC at PS Sadar Hoshiarpur lodged by Paramjit for an offence punishable under section 435/34 IPC.

(2.) JAGDISH Lal and Mohinder Kaur went in revision against the said order to the court of Session. Learned Additional Sessions Judge, Hoshiarpur vide order dated 23.5.98 accepted the revision and discharged Jagdish Lal and Mohinder Kaur. Aggrieved from the order dated 23.5.98 passed by Additional Sessions Judge, Hoshiarpur, Paramjit son of Dalip Chand has come up in revision to this Court.

(3.) THE prosecution case in brief is that Gurmel Chand PW had sown fodder near the field of Paramjit son of Dalip Chand. On 9.11.96 at about 4 PM, Gurmel Chand was cutting fodder in his field. Within his sight, Jagdish Lal and Mohinder Kaur reached the field of Paramjit in which he had set up kup of turi. Jagdish Lal took out match box from the pocket of his pants. Mohinder Kaur took out one bottle of kerosene from her shawl which she was wrapping around her and sprinkled kerosene on the kup of turi. Jagdish Lal lighted the match stick, and set the kup of turi on fire. Gurmel Chand raised raula. Jagdish Lal and Mohinder Kaur went away. In the meantime, Dalip Chand resident of Islamabad came to the spot from his house situated nearby. Gurmel Chand hurriedly started the tube-well of Paramjit. He and Dalip Chand extinguished the fire by taking water from the water course. Kup of turi got burnt due to the excess of high flames of fire. Leaving Dalip Chand at the spot, Gurmel Chand went to the house of Paramjit in village Shergarh and narrated the entire story to Paramjit and his wife Nirmal Kaur. They both come to the spot along with Gurmel Chand.