STATE OF HIMACHAL PRADESH Vs. Y.V.MEHRA

JUDGEMENT

(1.) The State of Himachal Pradesh, has directed the present appeal against the judgment dated 6.7.1993, passed by the learned Chief Judicial Magistrate, Chamba, in Criminal Case No. 60-II of 1990, where by the sixteen Respondents, have been acquitted of the offences under Sections 147, 323, 447, 427, 435 and 506, read with Section 149, Indian Penal Code, arising out of F.I.R. No. 53/84 of Police Station, Dalhousie.

(2.) Briefly stated, the prosecution story is this. Radha Soami Satsang, hereinafter referred to as the Satsang, is a society registered under the Societies Registration Act, 1860. The satsang owns property known as 'Holy Lodge Annexe', 'Kozy Nook' and 'Ellis Mere' at Moti Tibba, within the local limits of Municipal Committee, Dalhousie. There is a Government High School at Moti Tibba, which is functioning in the main building of 'Holy Lodge'. There exists a vacant area of land in front of the school, which was being used by the school as a play-ground for the last 30 to 40 years. A dispute arose regarding the demarcation of the said land. Consequently, on the application of the satsang demarcation of this land, hereinafter, referred to as the land in dispute, was carried out a on 19.10.1981 by PW 6, Parkash Chand, the then Naib Tehsildar, Dalhousie, assisted by PW 16, Prabh Dyal, the then Field Kanungo, Dalhousie. The land in dispute was found to be 0-3590 Acres. The same was denoted by Khasra No. 423/399/169/3 in the Aks Tatima, Ex PW 16/A. The Satsang by claiming the land in dispute to be belonging to it, represented to the Education Department to get back its possession. On 30.7.1983, Shri B.L. Handa, the then Director, Education, vide communication, PW 20/A, directed the then Principal, Shri Sudesh Raj Malhotra (Respondent No. 9) of the Government High School to handover the possession of the land measuring 0-3590, comprising of Khasra No. 423/339/169/2, which was being used as play ground by the school, to the owner-Satsang. In compliance with the said directions, Respondent No. 9, Shri S.R. Malhotra, is alleged to have delivered the possession of this land to the Satsang through its Executive Member, Madan Gopal Singh (PW 12) on 8.8.1983, vide Ex. PW 12/A. After obtaining the possession, the satsang is alleged to have enclosed the land by raising barbed wire fencing. The Satsang wanted to construct a Satsang Hall in such land for the purpose of holding its weekly prayers. The plans therefor were approved and sanctioned by the Municipal Committee, Dalhousie, on 5.1.1984. When construction work was started by the Satsang, Respondent No. 1, Shri Y.V. Mehra, instituted some proceedings against the Satsang before the Sub-Divisional Magistrate, Dalhousie. The learned Magistrate passed a restraint order against the Satsang restraining it from raising any construction over the land in dispute. Such restraint order was assailed by the Satsang before this Court by way of a writ petition being CWP No. 216 of 1984. This writ petition was allowed on 20.5.1984 and the restraint order of the learned Magistrate was set aside. The work of construction was then restarted by the Satsang. As on 3.7.1984, substantial construction stood completed and only also was to be laid.

(3.) It is alleged that on 3.7.1984, at about 3.45 p.m., all the sixteen Respondents after having formed an unlawful assembly in furtherance of their common intention to commit rioting, after having trespassed into the land in dispute, started pelting stones at the work force of the Satsang. Due to pelting of stones the members of the work force had to abandon the work and leave the site of construction. Thereafter, all the Respondents started demolishing the super-structure raised in the land in dispute by the Satsang. They collected the wooden construction material and had set the same on fire. The main buildings 'Ellismere' and 'Kozynook' belonging to the Satsang were also damaged by the Respondents. Due to pelting of stones multiple injuries were sustained by some members of the work force of the satsang. Slogans were alleged to have been raised against the Satsang by the Respondents, who are alleged to have remained at the spot till about 6 p.m.