SUKHDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) COMPLAINANT has filed the present revision challenging the judgment dated 3.7.2008 passed by Additional Sessions Judge, Jalandhar, in Sessions Case No. 38 of 2006, thereby acquitting the accused in an offence pursuant to FIR No. 65 dated 14.7.2005 under Sections 302/201/34 of the Indian Penal Code, Police Station Kartarpur, District Jalandhar.

(2.) THE prosecution story is that father of the complainant/revisionist Kashmir Singh was serving as a Home Guard posted with GRP Police Station Jalandhar. About six months prior to 14.7.2005, he had quarreled with Nind Pal @ Ninda and his nephew Varinder, who used to stand in front of their house. The matter was compromised with the intervention of Panchayat but Nind Pal and Varinder Singh remained standing in front of their house for the last -2 -few days. On 12.7.2005 Kashmir Singh returned to his house in the evening as usual. Nind Pal and Varinder who were standing in front of their house were scolded by Kashmir Singh who in turn started abusing Kashmir Singh. Wife of Kashmir Singh and revisionist called Kashmir Singh inside the house and Nind Pal and Varinder left from their with the threat to see Kashmir Singh. After taking dinner Kshmir Singh and his family was present in their house that Nind Pal and Varinder came again and started calling bad names to Kashmir Singh whereupon Kashmir Singh told both of them that he was going to the police station to inform the police and left on his bicycle at about 10/10.30 p.m. but he did not return thereafter. Petitioner and other members of his family searched for Kashmir Singh for two days but could not find any clue. On 14.7.2005 Complainant/revisionist and his brother in law Kulwinder Singh observed that earth has recently been dug at a place in the rear side of a school in the area of village Fazalpur and foul smell was coming from that place. Sukhdeep Singh and Kulwinder Singh dug out some earth from there and found dead body of Kashmir Singh lying buried there. The matter was reported to the police by the revisionist which led to the registration of FIR No. 65 dated 14.7.2005. During investigations Nind Pal, Varinder Singh, Jarnail Singh and Arshad Ahmad are said to have suffered extra judicial confession before Nishan Singh, a former Sarpanch of village Ghug to the effect of murdering of Kashmir Sigh. It is also the case of investigating agency that in pursuance of disclosure statement suffered by Nind Pal he got recovered a Spade from the wheat chaff of his house, accused Jarnail Singh got recovered wallet of Kashmir Singh containing his identity card and -3 -Rs.200. Accused Varinder Singh got recovered a bicycle from a pit dug near the school in village Fazalpur and accused Arshad Amad got recovered a scooter from Bawa Workshop at Railway line Jalandhar -Amritsar which was used in committing the offence of murder of Kashgmir Singh. Upon completion of investigations, final report was submitted against the accused.

(3.) FROM the prosecution side as many as 13 witnesses were examined.