DALBIR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2010-4-150
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 27,2010

DALBIR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

M S AHUJA VS. AMI CHAND [REFERRED TO]


JUDGEMENT

SHAM SUNDER, J. - (1.)THIS revision-petition is directed against the judgment of conviction and the order of sentence dated 04.11.06, rendered by the Court of Sub Divisional Judicial Magistrate, Dasuya, vide which, it convicted the accused (now revision-petitioners), for the offences, punishable under Sections 447 and 427 IPC, and, sentenced them to various terms of imprisonment, and, the judgment dated 10.07.09 rendered by the Court of Additional Sessions Judge, Hoshiarpur, vide which, it dismissed the appeal.
(2.)A written complaint, was moved, before the Police, by the Range Officer, Dasuya, to the effect, that the Forest Department, had 36 acres
Kanals and 19 marlas of land, at village Bagrowal, in H.B. No. 459. It was stated that, on 10 hectares, out of the total land, plantation had been done, by the Forest Department, in the year 1998-99, whereas, earth work, was done, on 5 hectares thereof, for plantation, in the year 2001-02. It was further stated that, on 10.10.01, at about 10.00 A.M., it was informed, by Narinder Singh, Forest Guard, Incharge, Bagrowal Beat, that Mukhtiar Singh, accompanied by Dalbir Singh, Surat Singh and Darshan Singh, was tilling the aforesaid land. Thereafter, Manjit Singh, Range Officer, Dasuya, Mahavir Singh, Deputy DFO, PFS-II, Ajit Ram, and, Narinder Singh, Forest Guards, went to the place of occurrence and saw the accused, tilling the land, with the help of tractor. The aforesaid officials, tried to stop the accused, from doing so, but they were threatened to be killed. It was further stated that five-six other persons, were also accompanying the accused, at the relevant time. On the basis of the complaint, the first information report, was registered, against the accused. The statements of the witnesses were recorded. The accused were arrested. After the completion of investigation, they were challanged. 3. On their appearance, in the Court, the accused, were supplied the copies of documents, relied upon by the prosecution.

(3.)CHARGE under Sections 447 and 427 IPC, was framed, against the accused, which was read-over and explained to them to which, they pleaded not guilty, claimed judicial trial.


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