LAL CHAND Vs. SINGH RAM

JUDGEMENT

(1.) THIS revision has been filed against the judgment dated 9.5.2007 passed by learned Sessions Judge (F), Shimla in Revision Petition No.7-S/10 of 2006/04.

(2.) THE brief facts of the case are that respondent Singh Ram on 15.6.2001 filed a complaint under Sections 392, 506, 323 read with Section 34 IPC against petitioners Lal Chand and Ganga Ram. In the complaint it was alleged that on 14.3.2001, the respondent purchased 150 apple plants from Horticultural Department, Theog at the rate of Rs.8/- per plant, total amounting to Rs. 1200 /- which were to be planted in the pits prepared by the respondent in village Kog. The respondent reached village Kog at 2.30. p.m. The petitioners suddenly appeared at village Kog and overpowered the respondent. The petitioner No.1 caught hold the respondent from his head and pulled him down, petitioner No.2 snatched the bundle of apple plants from the respondent and thereafter petitioners ran away. The petitioners caused loss of Rs.3000/- to the respondent in as much as respondent purchased apple plants for Rs.1200/- and he spent Rs. 1800/- for digging pits for plantation of apple plants.

(3.) THE respondent examined three witnesses including himself in the preliminary evidence. The learned Judicial Magistrate summoned the petitioners under Sections 379 and 506 IPC vide order dated 16.7.2003. The pre-charge evidence was recorded and ultimately learned Judicial Magistrate discharged the petitioners on 15.6.2004, which order was assailed by respondent in revision. The learned Sessions Judge set aside the discharge order dated 15.6.2004 vide judgment dated 9.5.2007 passed in Revision Petition No.7-S/10 of 2006/04 and directed the trial Court to proceed further with the case in accordance with law. The petitioners are thus in revision in this Court.