Surendra Singh vs Mukesh and 6 Others

This criminal appeal against acquittal has been filed by the appellant Surendra Singh challenging an order of Additional Session Judge/Special Judge (S.C./S.T. Act), Gautambudh Nagar dated 25.2.2014 acquitting the six accused-respondents under sections 147, 148, 307/149, 302/149, 353 I.P.C. and section 3(2), 5 of SC/ST Act in S.T. No. 250 of 2011.

This case appears to be a case of interstate war between two States viz. police and accused of Haryana and police and accused and administration of U.P. It appears that 540 Pattas were allotted to the villagers of Faleda Khadar which falls in U.P. We are unaware of the history but it could be supposed that the said property may have been owned by the villagers of adjoining village Solada which falls in Haryana and whose residents have been made the six accused persons in this case.

On the fateful date i.e. on 3.11.2003 at about 1.30 p.m. when the villagers of Faleda Khader were trying to take possession of the said land of which Pattas were presumably made in their favour and the administration and U.P. police were supporting them, a number of persons from village Solada Harayana including the Pradhan of the village and others fired. The deceased Jogendra Singh has received a single firearm injury on his neck which caused his death.

In support of its case, the prosecution has examined PW-1 Vijendrapal Singh, Platoon Commander/SI who was at that time posted as Incharge of the P.A.C. Camp which was stationed at village Faleda Khadar in U.P. On a written order that the illegal possession of the other party may be removed, he was asked to accompany the S.D.M. When some villagers of Faleda were ploughing the land with a tractor after cultivation, the villagers of Solada (Haryana) starting firing. The villagers of Faleda Khadar took shelter behind the field but one of the fires struck the deceased Jogendra Singh. None was identified or named by this witness.

PW-2 Ashok Kumar also mentioned that 540 Pattas were given to villagers of Faleda and there was a quarrel with the villagers of Solada (Haryana) and the villagers of Faleda. When the villagers of Faleda had tried to remove the illegal tress-passers then on 3.11.2003 at about 4.00 p.m., 10 villagers of Haryana which included four of the named accused Mukesh, Rajpal, Gyasi and Kishan fired on the people of village Faleda causing the death of the deceased Jogendra Singh by a single fire which struck him. He also admitted that the P.A.C. and police also fired from the side of the villagers of Faleda Khadar as well as from the side of Haryana.

PW-3 Vijay, the cousin brother of the deceased has submitted that on 3.11.2003 at about 4.00 p.m., he had gone to plough the land of which a Patta had been given to him. The S.D.M. and C.O. Jewar and police force had accompanied them. He named the villagers of village Solada which included three of the accused persons Mukesh, Sukhrveer and Surajpal, who started the firing and tried to stop the villagers of Faleda from taking possession of the land. The accused using caste derogatory words had fired with country made pistols and Rifles and one of the shots had hit the deceased Jogendra Singh on his chest, who died on the spot.

PW-5 Kaluwa has deposed that the incident had taken place on 3.11.2003 at 1.30-2.00 p.m. when the villagers of Faleda were ploughing their fields. The police were present to give them possession of the land as the government had granted them land rights (Patta.) The villagers of Haryana arrived their and abused them and started firing on the villagers of Faleda. He did not name any accused persons but he stated that the villagers present in court were the persons, who had fired.

PW-8 Mahendra Singh, Tehsildar also deposed that on 3.11.2003 when he was posted as Tehsildar, he along with S.D.M. and C.O. Jewar and S.O. Rabupura, had gone to village Faleda for giving possession of the land to the allottees villagers. The P.A.C. and police were present along with the villagers and when the allottees were trying to plough the land, then the villagers of Solada started firing on them. One of the allottees Jogendra received a firearm injury.

The trial judge has acquitted the accused persons on the grounds that on this state of the evidence the identity of the accused persons could not be fixed. Further more, PW-8 Mahendra Singh and PW-1 Platoon Commander stated that they had an order but they admitted that they did not have any written order for going to the spot. It is well settled that even a tress-passer in settled possession has a right of private defence and unilaterally action cannot be taken for dispossessing the said tress-passer in such a manner.

In this view of the matter, we are of the view that the trial judge has committed no illegality or perversity in recording the finding of acquittal. We, therefore, see no good ground to interfere with the order of acquittal.

The application for leave to appeal is rejected and consequently the criminal appeal is dismissed.