- (1.) Respondents No. 2 to 6 along with one Angad Dass (who is dead) were made to face trial in FIR No. 73 dated 30.5.2008 Police Station Tapa, for commission of offences under Sections 148, 452, 382, 395 and 506 read with Section 149 IPC. It was an allegation against them that they, on 30.5.2008, formed an unlawful assembly, armed with deadly weapons and committed house trespass by entering into a building belonging to one Surinder Kumar (the complainant). They had also made preparation to commit theft of the articles and dacoity of cement bags etc.
(2.) It is necessary to mention here that process of law was started on a statement Ex.PA made by Surinder Kumar-applicant/complainant to ASI Sham Singh PW-3, on the basis of which an FIR was recorded against the above accused. The trial Judge has noted the following facts regarding case of the prosecution :- "That on 30.5.2008 ASI Sham Singh along with other police officials while posted in Police Station Tapa was on patrol duty on official vehicle No. PB 03 D 0099 and was present at Tajo crossing where PW Surinder Kumar son of Sadhu Ram got recorded his statement Ex.PA that he is running a karyana shop at Tapa. He had purchased a p-lot measuring 30 x 65 which was registered in the name of Vijay Kumar and Rajinder Kumar son of Jai Pal on 29.12.2006 as this plot was joint. After raising the boundary wall they have constructed a room along with roof on it. They have also kept five bags of cement, two cots, chairs. Today i.e. 30.5.2008 at about 6.00 P.M. he and Vijay Kumar were present in the said plot where Resham Singh son of Tota Singh, Ajaib Singh, Angad Dass Ex. MC resident of Tapa, Karamjit Singh deed writer Pargat Singh, resident of Bhagatpura Maur came in a Bolero vehicle which was being driven and owned by Resham Singh. One tractor and trolley consisting of 10-15 labourers were also following the said Bolero. On reaching at the plot Resham Singh started proclaiming that this plot belongs to him. When he (complainant) told that plot is joint and sale deed is in their favour and they are in possession since 29.12.2006 Resham Singh also started proclaiming that sale deed is in his favour. Thereafter, he with the help of labourer started demolishing the boundary wall. Thereafter, Ajaib Singh with the help of some labourer committed the theft of give bags of cement, two cots and two chairs and loaded the same in the trolley. When he objected they started threatening them with dire consequences and thereafter due to fear they left the plot."
(3.) It was an allegation against the respondents/accused that they have made an attempt to take forcible possession of the disputed plot. After getting the FIR Ex.PA/2 recorded, the Investigating Officer went to the place of occurrence, prepared a rough site plan of that place. He also took into his possession trolley along with iron rods and cement bags against recovery memo Ex.PB, He also got clicked the photographs of the spot where alleged occurrence had taken place. The accused were arrested in the meantime. The Investigating Officer recorded statements of the witnesses and on completing all the formalities, put up the final report in Court. Copies of the documents were supplied to the respondents/accused as per norms. Case was committed to the competent Court for trial. Accused Angad Dass died during pendency of the trial and proceedings against him ordered to be abated vide order dated 25.10.2010.;