- (1.) The facts giving rise to this Special Leave Petition as alleged by the complainant Kewal Krishan in his complaint filed before the Chief Judicial Magistrate, Sirsa are as follows: An area of more than 3 acres of agricultural land situated in the revenue estate of Gidderanwali was declared "surplus area" by the Collector of Agrarian Reforms (Sub Divisional Officer, Sirsa) and was allotted to Tehla Ram, Chander-Bhan, Nihal Chand, Lal Chand and Chaman Ram. On May 25, 1979, Ram Saran Kanungo and Ram Nath Patwari accompanied by Chander Bhan, Tehla Ram allottees, Suraj Bhan, a relation of Chanderbhan and their friend Banta Singh deceased went to village Gidderanwali to deliver possession of the land to the allottees, but the possession could not be delivered and the warrant was returned. On May 28, 1979 at 5. p. m. the complainant and his clerk, Charanjit, were going to his fields. When they reached near the sugar-cane filed cultivated by Ranjha Ram, Banta Singh (deceased) and the said Suraj Bhan, armed with rifles, along with Chander Bhan and Tehla Ram allottees appeared there. Chander Bhan and Tehla Ram shouted that the complainant was the same person who had prevented them in taking possession on the previous day and that he should be finished. Thereupon, Banta Singh fired a gun-shot at the complainant but the latter took cover in a water course, and could not be hit by that shot. The complainant then tried to run away, whereupon Surajbhan fired his gun as a result of which the complainant received a gunshot injury in the right leg. Suraj Bhan fired another shot at the complainant but per-change that shot hit and killed Banta Singh. Suraj Bhan, Chanderbhan and Tehla Ram accused then took the dead body of Banta Singh and threw it in the filed of the complainant. They took away Banta Singh's 'rifle', leaving the dead-body there. Niamat Ram and Hans Rao who were loading a cart nearby in the filed witnessed the occurrence. Devki Nandan then took the complainant to the Civil Hospital, Sirsa for treatment on the following morning. The complaint informed the police about the occurrence. He remained in the Hospital till June 13, 1979. The Police, however took no action on his report and on the contrary registered a case against him and others on the false complaint of Tehla Ram. The officials of the Revenue Department also made a false report on the warrant of possession in favour of the accused.
(2.) In the complaint Kewal Krishan had accused not only Suraj Bhan, Chander Bhan, Tehla Ram of the commission of offences under Sections 302, and 307 Indian Penal Code, etc., but also implicated the Assistant Collector Rajinder Singh, Ram Saran Dass Kanungo and Ram Nath Patwari and alleged that by making false reports they had helped and abetted the criminal acts of the other accused persons. The Magistrate examined the complainant, Kewal Krishan under Sec. 200 Criminal Procedure Code. He also examined the complainant's witnesses Charanjit, Naimat Ram and Hand Raj under S. 202, Criminal Procedure Code. After concluding the inquiry under Section 202, Criminal Procedure Code, the Magistrate recorded a detailed order, discussed the evidence recorded by him and reached the conclusion that the occurrence had not taken place in the manner alleged by the complainant, and that there was no prima facie case against the accused. He also noted that there was no evidence against the said three Revenue Officers, showing that they had made any false report or abetted any offence committed by the other accused persons. In the result, the Magistrate dismissed the complaint under Section 203, Criminal Procedure Code by his order dated September 29, 1979.
(3.) The Cross-case was instituted in the Police Station under Sections 302 and 307 read with Sections 34 and 27 of the Indian Arms Act against Kewal Krishan petition herein, and two of his companions, Thakar Dass and Anil Kumar. After investigation, the police challaned Kewal Krishan and his companions in Court for the murder of Banta Singh and causing injuries to his companions, Jinda Ram and Waryam Ram. The Additional Sessions Judge Sirsa, by an elaborate judgment has acquitted Kewal Krishan and his companions with the finding that the evidence of the prosecution witnesses produced in that case "does not inspire confidence" and "the prosecution has miserably failed to prove the charges framed against the accused, beyond reasonable doubt." In the result he gave benefit of doubt to the accused Kewal Krishan and his companions and acquitted them.;