OM PARKASH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) CHALLENGE is to the judgment dated 2.3.2012 passed by the Sessions Judge, Kapurthala whereby Jaswinder Singh has been acquitted. Brief facts of the case as per para 2 of the judgment are as under: -

(2.) AFTER completing the investigation, challan was presented in the Court and the accused was charge -sheeted under Sections 420/328 IPC.

(3.) THE accused has been acquitted primarily on two grounds i.e. Whether the sale deed was executed by the complainant in a drunken condition. The trial Court has examined PW 2 Surinder Singh who admitted that the sale deed dated 15.3.2010 was executed by Om Parkash when he was not under the influence of liquor. He received Rs. 7 lacs at the time of agreement to sell dated 5.3.2010 Ex. PD. Attesting witness of the sale deed Chaman Lal PW 3 has admitted that at the time of execution of the sale deed Om Parkash was not under the influence of liquor. The deposition given by PW 6 Labh Singh son of Om Parkash and PW 7 Daljit Kaur wife of Om Parkash to the effect that accused had given some poisonous substance at the time of sale deed has been discarded on the ground that they were not present at the time of agreement to sell dated 5.3.2010. There is no reason to discard the testimony of the attesting witness Chaman Lal PW 3 and Deed Writer Surinder Singh PW 2. Even if the argument of the counsel for the petitioner is accepted that the complaint qua the agreement to sell dated 5.3.2010 was registered after 15 days, on merits, there is no evidence which has been led by the appellant to prove that the essential ingredients of Section 420 IPC are made against Jaswinder Singh. Complainant has filed a civil suit for setting aside the sale deed dated 15.3.2010 which is pending consideration.