- (1.) Complainant-Onkar Singh has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 24.1.2012 vide which the criminal complaint filed by him was dismissed.
(2.) It was an allegation against the respondents that on 19.7.2005, they had forcibly entered into land of the complainant and demolished manger constructed by the complainant. They also gave fist and kick blows to Sucha Singh, father of the complainant and killed him.
(3.) The trial Judge has noted the following facts from the complaint filed by the applicant:- "2. The brief facts of the complaint are that complainant along with his father and other family members has been residing in village Nangal Khunga and father of complainant was owner in possession of plot measuring 4 marlas adjoining to another plot of 6 marlas. In both these plots, the complainant and his father along with his family members are in possession and constructed their house as well as tethering their cattle by raising Khurli for the last number of years. Parminder Singh accused is grandson of Didar Singh Sarpanch of the village and Beant Singh and Parminder Singh are henchmen of said Didar Singh and all the above said four accused are hand in gloves with each others and they are at the back and call of Sarpanch Didar Singh. All these four accused hatched a conspiracy and wanted to carve out the street out of the plot of the complainant and with this intention, all the accused duly armed on 19.7.05 at about 11.00 AM came to the plot by raising Lalkara that the complainant and his father be taught a lesson for raising Khurli in the said plot and started demolishing the manger Khurli and thereafter, threw the brick bats around the said plot. The complainant and his father Sucha Singh, mother Surjit Kaur and his wife Baljinder Kaur came out of their house. All the four accused on seeing them started raising Lalkara and started hurling brick bats and chased the father of the complainant Sucha Singh. Such Singh entered into the house after running and complainant along with other family members tried to save them by going towards one side in the court yard thereafter all the four accused entered into the house of complainant. Parminder Singh accused caught hold of Sucha Singh, father of complainant from his long hair and Sukhdip Singh caught hold of Sucha Singh from his right arm, while Dharminder Singh accused caught hold of Sucha Singh from his left arm. Beant Singh accused gave fist blows and also gave kicks to Sucha Singh. The complainant raised alarm whereupon number of persons gathered there and all the four accused ran away from the spot after committing murder of Sucha Singh. All the four accused with intention to cause murder caused injuries to Sucha Singh in such a manner that the apparent injury should not appear and all the injuries were of fists and kicks in the abdomen and chest, on account of which the father of complainant died at the spot.";