RAGHUBIR SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) Complainant has invoked revisional jurisdiction of this Court challenging the judgment of acquittal dated 10.11.2000 passed by the Additional Sessions Judge, Sirsa.

(2.) Brief facts of the case are that on 26.5.99, ASI Ram Kishan along with other police officials was present at T-point bus stand of Village Panihari in connection with patrolling duty and nakabandi. There complainant Raghbir Singh son of Darshan Singh met him and lodged a complaint before him. According to the complainant's version he is the resident of Village Jamlera and they are three brothers and six sisters. He is the eldest in the family and his youngest sister Simarjit Kaur was married with Gurdeep Singh son of Darbar Singh about 7/8 years ago. His sister could not conceive after the marriage and accused Gurdeep Singh and his family members started taunting and harassing her. After about 2 and 1/2 years of marriage the accused left his sister Simarjit Kaur at his residence and a panchayat consisting of family members was convened and Simarjit Kaur was sent to the matrimonial house. Thereafter the complainant enquired from accused Gurdeep Singh regarding the incidence and asked him to maintain Simarjit Kaur properly. The accused Gurdeep Singh replied that Simarjit Kaur is making the statement out of fear and there is No. such incidence as has been alleged by Simarjit Kaur. On 25.5.1999 at about 9 p.m. one Jaswant Singh @ Jassa Singh son of Bakshish Singh resident of Village Amritsar Kalan came to his residence and told that Simarjit Kaur has expired. After receiving the information he along with Mahinder Singh, Jangir Singh, Jaswant Singh reached at the Dhani Musahabwala at 1.00 a.m. in the night. The dead body of Simarjit Kaur was lying on the cot in the court yard and No. family member was present inside the residence. He had verified from the neighbourhood as well as relatives that his sister Simarjit Kaur has committed suicide after consuming poisonous matter as she was being tortured by the accused-persons. On this complaint, a formal FIR was lodged against the accused. ASI Ram Kishan, the Investigating Officer along with the other police officials reached at the place of occurrence. A pair of chappals and a jug were recovered from the fields known as "Sheesham Wala Kila' which were taken into possession. He prepared the inquest report at the spot, recorded the statements of the witnesses and the dead body was sent for post-mortem examination. During investigation two accused namely Charanjit Kaur and Harbans Kaur were found innocent and accused Gurdeep Singh was arrested on 27.5.99. After completion of all the investigations the challan was prepared against the accused Gurdeep Singh by Sanjay Kumar ASP, then Station House Officer of Police Station Sadar, Sirsa vide his report under Section 173 of the Code of Criminal Procedure, 1973.

(3.) The prosecution in support of its case examined eight witnesses viz. Dr. J.K. Bishnoi who proved the copy of post-mortem report, Raghbir Singh has narrated the version as alleged in the complaint, Mahinder Singh who is the cousin of the deceased, on 25.5.99 he was also present at the site when the police visited the residence of the accused. The jug and Chappals were taken into possession vide recovery memo in his presence and he put his signatures on the memos as an attesting witness. Prem Kishan ASI has narrated the manner in which the investigations were conducted by him. He has proved the material documents prepared during the investigations. Ram Mufti is a formal witness who tendered his affidavit to be read as a part of his statement. Dharam Chand is a formal witness who tendered his affidavit into evidence to be read as a part of his statement. Ranbir Singh is also a formal witness who tendered the affidavit into evidence to be read as a part of his statement. Kulwant Rai Patwari Halqa prepared the scaled site plan of the place of occurrence on the asking of the investigation officer ASI Ram Kishan and on the pointing out of Malkiat Singh. The prosecution also tendered the FSL report into evidence. Dr. S.L. Aggarwal, Pat Ram, Sanjay Kumar, Jaspal Singh, Jangir Singh and Narender Singh were given up by the learned PP being unnecessary. Kuldeep Singh was given up by the learned PP as having been won over by the accused.