CRR-4025-2012(O&M)

# 1#

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

CRR-4025-2012(O&M)

Date of Decision:-19.04.2022

Sukhwinder Singh.

......Petitioner.

Versus

State of Punjab & Ors.

......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:-

Mr. H.S. Dhindsa, Advocate for the Petitioner.

Mr. Sidakmeet Singh Sandhu, AAG Punjab.

Mr. N.S. Dadwal, Advocate for the Respondent nos.2 to 4.

***

JASJIT SINGH BEDI, J. (ORAL)

The present revision has been preferred by the complainant

against the judgment dated 04.01.2011 of the Learned JMIC, Jagraon

whereby the accused-respondents no.2 to 4 (herein) were acquitted in case

FIR No.360 dated 07.11.2005 under Sections 447, 511 and 34 of IPC P.S.

Jagraon and the order in appeal where their acquittal was further upheld by

the court of learned Additional Sessions, Ludhiana vide judgment dated

22.05.2012.

2.

The case as per the prosecution emanates from the statement of

Sukhwinder Singh son of Pritam Singh made before HC Labh Singh on

VINAY MAHAJAN

2022.04.26 17:20

I attest to the accuracy and

authenticity of this document

CRR-4025-2012(O&M)

# 2#

07.11.2005 to the effect that on 3.11.2005 at about 10 am, his uncle Raghvir

Singh, along with his two sons viz. Jasvir Singh and Kuldip Singh above

named had illegally ploughed the land belonging to complainant and his

brother Avtar Singh, abutting the road, situated at village Roomi with their

red coloured Eicher tractor. The said land was in the ownership of the

complainant and his brother Avtar Singh since the year 1991. Raghvir Singh

and his sons Jasvir Singh and Kuldip Singh due to greediness had taken

illegal and forcible possession of their land. The complainant tried to arrive

at a compromise with Raghvir Singh, but they did not pay any heed to the

requests of the complainant. On the basis of said statement a ruqa was sent

through Jagtar Singh to police station Jagraon for the registration of the case

and the present case was registered. The investigating officer viz. HC Labh

Singh conducted investigation, inspected the spot and prepared the site plan,

recorded the statements of witnesses under Section 161 Cr.PC. The

Investigation Officer also investigated the matter from Halqa Patwari and

arrested accused Raghvir Singh, Jasvir Singh and Kuldip Singh, above

named on 14.11.2005 as per rules, who were later on released on bail. After

completion of the necessary formalities, the instant challan has been

presented in the Court.

3.

On finding a prima facie case against the accused, charge under

Sections 447, 511 read with Section 34 IPC was framed against them to

which they pleaded not guilty and claimed trial.

PROSECUTION EVIDENCE

Oral Evidence

PW-1

:

Sukhwinder Singh, the complainant

PW-2

:

Jugraj Singh

PW-3

:

Balwinder Singh

PW-4

:

HC Karam Singh

VINAY MAHAJAN

2022.04.26 17:20

I attest to the accuracy and

authenticity of this document

CRR-4025-2012(O&M)

# 3#

PW-5

:

Jaspal Singh, Patwari of V. Dhollan

PW-6

:

ASI Labh Singh, the IO

PW-7

:

HC Hardev Singh, the attesting witness of memos.

PW-8

:

Resham Singh, Reader in the Court of SDM,

Jagraon.

Documentary Evidence

Ex.PA

:

Statement of Complainant

Ex.PC/1

:

Ruqa

Ex.PD

:

Carbon Copy of FIR

Ex.PE

:

Rough Site Plan

Ex.PF

:

Recovery memo of tractor no.PIB 5688 of accused

Ex.PG

:

Memo of grounds of arrest.

Ex.PH

:

Personal Search memo of all the accused.

Ex.PI

:

Recovery memo of copies of RC of tractor and DL

of accused.

Ex.P1

:

Copy of Jamabandi for the year 2002-03

Ex.P2

:

Copy of jamabandi for the year 1987-88

Ex.P3

:

Copy of Khasra Girdawri for 2004-05 of land of

complainant.

Ex.PW-8/A

:

True copy of RC of tractor No.PIB-5688 of

accused Kuldip Singh

Mark-A

:

Copy of Sale Deed dated 11.07.1991.

4.

On closure of the evidence of the prosecution, the statement of

the accused under Section 313 Cr.PC were recorded in which the entire

prosecution evidence and incriminating material was put to the accused to

which they claimed their false