SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this criminal revision petition is for setting aside the judgment dtd. 7/9/2011 passed by the learned Additional Sessions Judge (Fast Track Court) Jalandhar, to the extent that the case was wrongly remanded to the Court of the learned Judicial Magistrate Ist Class, Jalandhar, to examine the handwriting expert and to decide the matter afresh.

(2.) Brief facts of the case are that on 8/7/2000, Subash Chander-complainant got recorded his statement before ASI Kulwant Singh to the effect that his father used to go to abroad in connection with business. A few letters were received in the name of his father on 26/6/2000; 2/7/2000; 5/7/2000 and 8/7/2000 and Rs.3,00,000.00, Rs.1,50,000.00, Rs.2,00,000.00 and Rs.2,00,000.00 respectively were demanded. It is written in the letters that the money be kept near Parchin Shiv Mandir, Dhobi Ghat, and if the money was not given, both the children will be killed alike the children of Kamal. The letters were written in Hindi. He further stated that on receipt of the letters, he along with his father and uncle, Gopal Krishan, made inquiry and they were very sure that these letters had been written by Sunil Kumar son of Murlidharan Pandit, priest of the Hanuman Mandir, Maqdumpura. He further stated that a letter of the same nature was also received by Vinod Bhalla, the owner of King Hotel. After recording statement of the complainant, a ruqa was sent to the police station for registration of the case, on the basis of which, the formal FIR was recorded. Investigation was carried out. Accused was arrested and after completion of necessary formalities of investigation, challan against the accused was presented before the learned Illaqa Magistrate.

(3.) In order to prove its case against the accused before the learned trial court, the prosecution had examined the following witnesses:-