STATE OF PUNJAB Vs. BITTU & ANR

JUDGEMENT

(1.) These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-341, 407, 607 and 772 of 2004 whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted them from offence punishable under Section 302, 364, 201, 120B of the Indian Penal Code, 1860 [hereinafter referred to as "IPC"].

(2.) The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh. The complainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and got his statement recorded with the SHO Jaswinder Singh, to the following effect:

(3.) After investigation the Police filed its report and the prosecution presented the challan against the accused persons in the Court of Additional Chief Judicial Magistrate, Sangrur, on 2.1.2003. Thereafter, the case was committed to the Court of Sessions Judge, Sangrur. After considering the material on record and hearing the prosecution and defence, charges under Sections 120-B, 364, 302 and 201 of the Indian Penal Code were framed, read over and explained to the accused persons who pleaded not guilty and claimed for trial.