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.