The central legal point established in the judgment is the importance of weighing the credibility of witness testimonies and considering ownership and possession of property in property dispute cases.

Kanwaljit Singh Ahluwalia, J.

1. The present appeal has been filed by Shiv Parshad, Daya Parshad, Hari parshad, Karan Singh and three ladies, namely Savita, Parbhati and Anita. Shiv parshad, Daya Parshad and Hari Parshad are sons of Hukam Chand, whereas parbhati is wife of Hukam Chand. Karan Singh and Savita are husband and wife. They were nominated as accused in case FIR No.258 dated 24.9.1996 registered at Police Station Dharuhera, under Sections 148, 149, 436 and 450 IPC. They were tried in the above said FIR and were convicted by the Court of Additional sessions Judge, Rewari, for the offence under Sections 436 and 450 read with sections 149 IPC and 148 IPC.

2. Shiv Parshad, Hari Parshad, Daya Parshad and Karan Singh were sentenced to undergo rigorous imprisonment for a period of three years and six months each and to pay a fine of Rs.200/-each for offence under Sec.436 read with Sec.149 IPC. They were also sentenced to undergo rigorous imprisonment for three years and six months each and to pay a fine of Rs.200/- each for the offence under Sec.450 read with section 149 IPC. In default of payment of fine, they were sentenced to undergo rigorous imprisonment for two months each on both the counts. They were also sentenced to undergo rigorous imprisonment for one year each for offence under section 148 IPC. All the sentences were ordered to run concurrently.

3. However, Parbhati who was aged 70 years and two other ladies Savita and Anita who were aged 30 years and 20 years, respectively, were sentenced to undergo rigorous imprisonment for two years and six months each and to pay a fine of Rs.200/- each for offence under Sec.436 read with Sec.149 IPC. In default of payment of fine, to further undergo simple imprisonment for two months each. They were also sentenced to undergo rigorous imprisonment for two years and six months each and to pay a fine of Rs.200/- each for offence under section 450 read with Sec.149 IPC. In default of payment of fine, to further undergo simple imprisonment for two months each. They were also sentenced to undergo rigorous imprisonment for one year each for offence under section 148 IPC. All the sentences were ordered to run concurrently.

4. Fir in the present case was recorded on basis of the written complaint submitted by Shakuntla wife of Mangal Singh Ahir. Her statement was recorded by dharam Singh, Assistant Sub Inspector, to whom she met him on the T-Point of Sohna Area, Dharuheri, on 24.9.1996. In her statement, she stated that about 50 years ago, her father-in-law Rampat had constructed a kacha chappar for tethering buffaloes. According to witness, her father-in-law had obtained the plot after he had exchanged the same in new abadi with a plot of Gajraj, father of Het Ram, in lieu of plot in old abadi. About five/six months ago, it was learnt by her that Gajraj Singh had sold this plot to Savita wife of Karan Singh. Thereafter, Savita had sold this plot to daya Parshad son of Hukam Chand. One month ago, Karan Singh and Daya Parshad hurled out a threat that plot should be vacated by the complainant, otherwise they would forcibly take possession of the same. It was stated that regarding this a complaint was submitted to the Deputy Commissioner and Superintendent of police. On the intervention of Panchayat and respectables, a compromise was arrived and Karan Singh and Daya Parshad gave in writing that they would not take forcible possession of the plot. It was also agreed that the accused would file a suit in the Court of competent jurisdiction. It was further averred in the FIR that on 24.9.1996 at about 2.00 P. M. , when she was giving fodder to her buffaloes in her house, all the accused came together. Shiv parshad and Daya Parshad were armed with jellys, whereas other accused were armed with kulhari and lathies. Parbhati raised a lalkara and asked her son shiv Parshad to set the chappar on fire. Shiv Parshad had put the chappar on fire by lighting a match stick and others started d