SURJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Vide judgment dated 7.3.2012 respondent No.2 was acquitted of the charge framed against her. The complainant has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 7.3.2012 to the extent of acquittal of respondent No.2. It is necessary to mention here that vide the above judgment, one Sarabjit Singh was convicted for commission of offences under Section 302, 201 IPC and 27(1) of the Arms Act, 1959 and sentenced accordingly.

(2.) Respondent No.2 and above Sarabjit Singh were arrayed as accused in FIR No. 202 dated 13.12.2008 Police Station City Malout, on an allegation that they, in furtherance of their common intention had committed murder of Hardeep Kaur on 12.12.2008 by causing her fire arm injuries. The trial Judge has noted the following facts regarding case of the prosecution :-

(3.) As per case of the prosecution, thereafter, Surjit Singh complainant-applicant got his statement recorded to SHO/Inspector Parminder Singh PW-14, who prepared inquest report on the dead body and sent it for post mortem examination. The dead body was also got photographed. The Investigating Officer got prepared a rough site plan of the place from where the dead body was recovered. He also got recorded statements of the witnesses. He scraped blood from the place of occurrence and took it into his possession against a recovery memo. He also took into his possession blood stained pieces of a bed sheet. He also recovered 6 empties of .32 bore revolver from the bed-room of the deceased. 2 bullets stained with blood were also recovered; one from the mattress of the bed and second from lobby of the house. Sarabjit Singh husband of the deceased was arrested on 14.12.2008. On interrogation, he suffered a disclosure statement which led to recovery of weapon of offence (.32 bore revolver). He also got recovered blood stained clothes of the deceased. During investigation, an enquiry was conducted. Sarabjit Singh and respondent No.2 were found innocent and a supplementary challan was presented in the Court. Copies of the documents were supplied to the respondent/accused as per norms. Case was committed to the competent Court for trial vide order dated 16.4.2009. Respondent Sarabjit Singh was charge sheeted to which he pleaded not guilty and claimed trial.