HARJINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint (Ext. Ka-2) was filed by Kulwant Singh son of Richhpal Singh village Aamkhera Makroi, P.S. Baheri, district Bareilly in P.S. Lalkuan on 15.08.2000 at 7:30 pm. Chik FIR (Ext. Ka-3) was registered as crime no. 268 of 2000 for the offences punishable under sections 364, 307 and 34 IPC. The incident was alleged to have taken place on 10.08.2000 at 7:30 pm.

(2.) The distance between the place of occurrence and Police Station was six kilometers, whereas FIR was lodged after five days of the incidence. It appears that FIR is delayed. We will have to examine on the basis of evidence on record whether delay in lodging the FIR was properly explained by the complainant or not?

(3.) Prosecution story as per FIR was that Daljeet Kaur was married to Sarvjeet Singh son of Darshan Singh resident of Guru Farm. Sarvjeet Singh was murdered about two years before the present incident. Since then accused Harjinder Singh and Tarsem Singh, both brothers of Sarvjeet Singh along with accused Subeg Singh put pressure on Daljeet Kaur to relinquish her claim over land of Sarvjeet Singh. On 10.08.2000 when Daljeet Kaur was coming from Uttarosia Farm to her residence along with her servant Nauniram at about 7:30 pm, accused Tarsem Singh, Harjinder Singh and Subeg Singh, who were armed with swords attacked Nauniram with intention to commit murder of Nauniram. Nauniram caught hold of swords, defended himself with his hands. As a consequence thereof, his fingers were injured. On hearing cries Satnam Singh alias Sonu (son of victim) came out of his house and saw that his mother Daljeet Kaur was being dragged by the accused persons and they (accused) took her along with them. Nauniram ran away to his home in order to save his life. He did not know where Daljeet Kaur was taken away by the accused persons. The incident was narrated to informant Kulwant Singh by Satnam Singh alias Sonu. Thereafter, Nauniram was brought from his village. Kulwant Singh lodged report against the accused persons regarding abduction of Daljeet Kaur and attempt to her murder. The informant Kulwant Singh apprehended that his sister was abducted with intention to kill her, in furtherance of common intention of accused persons.