BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The registered against him vide FIR No.212, dated 19.11.2019, Police Station Sadar Samana, District Patiala, under Section 302 and 34 IPC.

(2.) The FIR was lodged at the instance of Malkiat Singh, wherein it is alleged that his daughter Gagandeep Kaur was married to Jagtar Singh about three years back. It is alleged that on 19.11.2019 he received information from Taranjit Singh, who was mediator to the marriage, to the effect that Gagandeep Kaur had received an "attack". Pursuant to receipt of said information the complainant informed the Sarpanch where he met Madan Singh Nambardar father of Sarpanch and while taking him along he went to the matrimonial home of his daughter Gagandeep Kaur, where Gagandeep Kaur's dead body was found lying on a cot in the porch, which was covered with a cloth. When the complainant tried to take off the cloth from the dead body, he was stopped by his daughter's mother-in-law but he being emotional took off the cloth and saw there were marks around the neck of complainant's daughter and it appeared that Gagandeep Kaur had been strangulated to death. The complainant suspected that his daughter had been killed by his son-in-law Jagtar Singh, mother-in-law Manjit Kaur and a cousin of his son-in-law namely Balkar Singh (petitioner).

(3.) The learned counsel for the petitioner has submitted that it is a case where there is no eye witness and that the accused has been nominated simply on the basis of suspicion. It has further been submitted that the petitioner, in any case, though related to the husband of the deceased, is residing separately in an adjacent house as would be evident from the site plan annexed with the report under Section 173 Cr.P.C.