DUDH NATH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a revision petition against the order dated 24.7.2009 passed by the Sessions Judge, Ferozepur whereby respondent Nos.2 and 3 have been acquitted of the charge framed against them under Section 302/34 IPC.

(2.) Brief facts of the case are that the complainant Dudh Nath was working as Peon in the Canal Department. He had three sons and a daughter. His youngest son Raj Kumar was married to Seemarespondent No.1 about four and a half years ago and two sons were born out of this wed lock. About a year prior to the instant occurrence, a doubt crept in the mind of Raj Kumar (since deceased) that his wife Seema had got illicit relations with Ajay Masih son of Shera Masih resident of Basti Wasawa Singh Wali, Police Station Makhu. Raj Kumar tried to persuade Seema to snap her ties with Ajay Masih. But Seema took ill of it. Rather, she turned a deaf ear towards the advice of Raj Kumar and after they did not have cordial relations. She kept on meeting Ajay Masih, who also used to come to her house, even in the presence of the complainant as well as Raj Kumar. They kept mum to save the reputation of their family. About two months back, Seema moved an application before the Women Cell to the effect that she wants to take divorce from her husband Raj Kumar. However, this matter was got compromised and it was decided that Raj Kumar would live separate from his parents. After that, Seema went to her parents' house at Makhu. On 31.12.2006 at about 10 AM, Seema alongwith Ajay Masih came to their house and asked Raj Kumar to come with them to Makhu to start a new life. At that time, Ashok Kumar son of Prem Kumar and Aman Singh, his neighbours, were also present there.

(3.) Raj Kumar accompanied Seema and Ajay Masih, but he did not return back and as such his whereabouts are not known. Complainant was having suspicion that Seema and Ajay Masih had concealed Raj Kumar with an intention to kill him.