TEK CHAND Vs. HARBHAJAN CHAND

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 8.7.1998 passed by the Sessions Judge, Bhatinda, by which the respondents were acquitted of the charge framed against them under Sections 302/34 IPC.

(2.) ON 5.6.1997, an FIR had been registered at the behest of the petitioner in Police Station Dialpura about the incident in which his daughter Pawanjit had been killed at 7 p.m. on 4.6.1997. After investigation, challan had been put in against the accused whereafter charges had been framed under Sections 302/34 IPC. The trial Court had, after recording of the evidence and the explanation of the accused under Section 313, Cr.P.C., heard arguments and come to the conclusion that "genesis of the occurrence is shrouded by doubtful circumstances and it can well be said that the occurrence had not taken place in the way and manner as has been suggested by the prosecution as also that there is an unexplained delay in lodging the FIR, giving sufficient time to the prosecution to deliberate and ponder over the issue leading to an irresistible conclusion that a story was coined to suit the prosecution, as also in view of the fact that the presence of only two eye-witnesses, who have been examined, at the scene of occurrence, is doubtful and I have no option but to acquit all the accused of the charge framed against them by giving benefit of doubt and I order accordingly."

(3.) SH . C.M. Munjal, learned counsel for the petitioner, has tried to assail the findings returned by the Court below on the ground that the conclusion arrived at by the trial Court regarding delay and the reliability of the witnesses ought not to be accepted.