STATE OF PUNJAB Vs. SURJIT SINGH AND OTHERS

JUDGEMENT

(1.) This application has been filed under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 16.12.2011 vide which the respondents were acquitted of the charges framed against them. The above respondents were arrayed as accused in FIR No. 98 dated 12.5.2004 for commission of offences under Sections 302, 201 & 34 IPC read with Sections 25 & 30 of the Indian Arms Act, 1959 in Police Station Sadar, Malout.

(2.) It was an allegation against the respondents that they had killed Gurbachan Singh, father of Gurmeet Singh, respondent No.2, on 12.5.2004. The process of law was initiated on a statement made by Kuldip Singh, son of the deceased. The trial Judge has noted the following facts regarding case of the prosecution:-

(3.) The police party headed by Sub Inspector Gurtej Singh (PW.14) went to the spot. It has come on record that Kuldip Singh, for murder of his father, initially had raised suspicion against Dial Singh son of Jagtar Singh and his son Parminder Singh, both residents of village Kolianwali. Political rivalry was stated to be a motive to commit the crime. The Investigating Officer inspected the dead body of Gurbachan Singh, prepared inquest report and sent it for post mortem examination.