TEJA SINGH Vs. GURMUKH SINGH AND OTHERS

JUDGEMENT

(1.) This is a revision against the judgment dated 28.5.2008 passed by Addl. Sessions Judge, Adhoc (Fast Track Court) Jalandhar awarding acquittal to the accused.

(2.) The prosecution case is that on 5.9.2004 one Avtar Singh was done to death by inflicting datar blows allegedly by Gurmukh Singh who was said to have an adulterous relationship with Amarjit Kaur wife of Charanjit Singh. The deceased Avtar Singh was brother of Charanjit Singh.

(3.) The factum of death on account of injuries is not in dispute. The entire case set up by the prosecution centres on circumstantial evidence and the story that is set up is that accused Gurmukh Singh was having relations with Amarjit Kaur and when caught in a compromising position by Avtar Singh both Gurmukh Singh and Amarjit Kaur conspired to kill him. The prosecution examined as many as 10 witnesses which included the official witnesses and the testimony of doctor who had conducted the postmortem examination. PW 8 and PW 9 are the witnesses set up by the prosecution who testified about the adulterous relations of Gurmukh Singh and Amarjit Kaur. Both these witnesses are closely related to the deceased and their testimony was discarded by the learned Trial Court primarily on the ground that testimony of the daughter of the Amarjit Kaur namely Sukhdeep Kaur outweighed reliability of the other witnesses related to the deceased.