An appellate or revisional court should not interfere with a trial court's acquittal unless the findings are shown to be perverse, based on a misreading of evidence, or manifestly illegal, even if another view of the evidence is possible.

VINOD S. BHARDWAJ, J. (Oral)

The present revision petition has been filed by the complainant against the judgment dated 19.04.2006 passed by the Court of Judicial Magistrate First Class, Sangrur in Challan (IPC) No.13 of 07.03.2000 titled as “State Vs. Nachhattar Singh and others” arising out of FIR bearing No. 155 dated 25.07.1999 registered under Sections 447, 427, 148 & 149 of the Indian Penal Code, 1860 at Police Station Dhuri, District Sangrur whereby the respondents-accused were acquitted.

The proceedings in the present case were initially instituted by the petitioner against five persons, namely Nachhattar Singh, Harminder Singh, Jujhar Singh and Uggar Singh (all sons of Nachhattar Singh), and Sukhdev Singh @ Bhola, son of Mohinder Singh. During the pendency of the trial, Uggar Singh expired while Nachhattar Singh son of Jangir Singh, was also reported to have died, as per the service report. Consequently, the revision petition stood abated qua respondent No. 2-Nachhattar Singh, vide order dated 17.02.2017. It is further noticed that despite due service, none has appeared on behalf of respondents No. 3 to 5.

The matter pertains to the year 2006 and has remained pending for a considerable length of time; thus, any further adjournment would not be justified. Accordingly, the matter is taken up for final adjudication after hearing learned counsel for the petitioner and upon appointing Ms. Vidushi Singh, Advocate, PH-12846/2025, who is present in Court, as Legal Aid Counsel to represent respondents No. 3 to 5. The Legal Aid counsel has perused the record and the documents appended with the present petition and has duly assisted this Court in the matter.

Learned counsel for the petitioner contends that as per the version of the prosecution the complainant–petitioner Hardeep Singh, along with his brother Sukhdev Singh and one Surjit Singh, had entered into an agreement to sell with Nachhattar Singh, son of Jangir Singh, resident of Village Ruldusingh Wala, approximately 22 years prior to the institution of the proceedings, for the purchase of land measuring 11 bighas and 16 biswas. It is contended that Nachhattar Singh had received a sum of Rs.10,000/- as earnest money and had also delivered possession of the said land to Hardev Singh, the father of the complainant–petitioner and his brothers.

It is further submitted that the said land was under mortgage with a bank and Nachhattar Singh was unable to redeem the same. It is alleged that, thereafter despite having agreed to sell the land, out of greed, Nachhattar Singh–accused attempted to illegally dispossess Hardev Singh and his family from the land in question, whereupon a civil suit was instituted by Hardev Singh and others against Nachhattar Singh and his sons, namely Harminder Singh, Jujhar Singh and Uggar Singh. Learned counsel submits that the Civil Court granted an injunction restraining the defendants from interfering in the peaceful possession of the plaintiffs over the land measuring 11 bighas and 16 biswas bearing Khasra Nos. 69 and 70. The said suit was eventually decreed in favour of the plaintiffs, and the appeal preferred against the judgment and decree was also dismissed. It is further contended that the findings were upheld even in the Regular Second Appeal before the High Court. On the strength of the aforesaid, learned counsel submits that the petitioner and his family have remained in continuous possession of the land in question since the year 1977.

Learned counsel further submits that on 25.07.1999, at about 11:00–11:30 A.M., Hardev Singh (father of the complainant–petitioner), along with his sons Hardeep Singh, Advocate (complainant–petitioner), Gurdev Singh son of Arjan Singh and Harnek Singh son of Lehna Singh, were returning from Sangrur. Upon reaching near their fields, they found accused Nachhattar Singh, along with his sons Harminder Singh and Jujhar Singh, standing at the front side of the fields, armed with ‘dangs’, while one another person was