- (1.) The instant criminal appeal has been filed against the impugned judgment dated 22.09.2009 passed by the learned Judicial Magistrate First Class, Patiala, whereby respondent Nos. 2 to 8 have been acquitted from the charges framed against them.
(2.) Brief facts of the case are that an FIR No. 17 dated 13.01.1999, under Sections 427/447 IPC, Police Station Sadar Patiala had been registered against accused respondent Nos. 2 to 8 on the basis of the complaint filed by the appellant on the allegations that the appellant had taken land measuring 2-1/2 acres, situated in village Lang from Bhajan Singh son of Jagir Singh on Chakota in the year 1998-99 @ Rs.8000/- per acre. The appellant had sown the creepers of ash gourd in the fields. It is alleged in the complaint that on 18.06.1998, the accused persons respondent Nos. 2 to 8 including Jagir Singh (deceased) had badly damaged the creepers of ash gourds while driving tractors and with the help of using Soties and Gandasies. When they were restrained and stopped for not doing the same, then they abused the complainant and his son and threatened them with direct consequences. It is further alleged in the complaint that on 19.06.1998, the complainant reported the matter to the police station of P.S. Sadar Patiala, but the police had not taken any action against them. On the written complaint, DSP Rural gave his opinion that prima facie offences under Sections 427 and 447 IPC are made out against the accused persons. On the basis of this, formal FIR was registered against the accused. After completion of investigation, challan was presented in the Court. Thereafter, charge was framed against the accused to which the accused pleaded not guilty and claimed trial.
(3.) The prosecution, in order to prove its case, examined PW1 Dr. Ranjit Singh as PW1, Amar Gir as PW2, Karam Singh as PW3, Surjit Singh as PW4 and Uttam Singh as PW5 and closed its evidence. Thereafter, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating circumstances were put to them. They denied the same and pleaded innocence.;