RAZIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of acquittal dtd. 27/5/2014, whereby the respondents/accused were acquitted of the offence under Sec. 306 read with Sec. 120-B IPC.

(2.) The brief facts of the case are that on 22/6/2012, a medical ruqa was received from the Medical Officer, Civil Hospital, Malerkotla regarding the death of Mohd. Imran son of Salamdin resident of Malerkotla. Upon this, the Inspector/SHO Kuldeep Singh along with ASI Jagtar Singh and other police officials were proceeding towards Civil Hospital, Malerkotla, when on the way Salamdin Pehalwan son of Ibrahim met Inspector Kuldeep Singh and got recorded his statement to the effect that he was a Wrestler and running a Gym near Alfala School, Malerkotla. His son Mohd. Ibrahim (deceased) was also learning wrestling. On 22/6/2012, at about 06.45 AM his son-in-law Abdul Rashid son of Noor Mohd. told him that he had received a call on his mobile phone from Dilshad Bhangi that Mohd. Imran, Wrestler had been thrown away by someone near Baghar Gate after giving him beatings and he (Dilshad Bhangi) along with his brother-inlaw Mohd. Suba were taking him (then injured Mohd. Imran) to Civil Hospital, Malerkotla. The complainant were asked to come there immediately. Thereafter, he (complainant) and his son-in-law Abdul Rashid reached Civil Hospital, Malerkotla, where they saw Mohd. Ibrahim lying unconscious. The doctor informed him that he had died. There were no injury marks on his person. One paper slip was found in the pocket of his son, wherein it had been written that'I Mohd. Imran son of Salamdin Wrestler in full consciousness have stated that if he is met with an accident or beaten up by someone, then Moti and his son and one Mohd. Shehbaz son of Mohd. Din, resident of New Basti Iftkhar Ganj Sirhindi Gate, Malerkotla'. Thereafter, they inquired about the cause of death of his son. As per him (complainant), he was confident that Sehbaz, Mohd. Din, Bessan, Feroze Khan alias Fauji, Moti and Dilshad alias Bhangi had compelled his son to commit suicide.

(3.) After completion of investigation, the challan was submitted against Mohd. Sehbaz, Mohd. Salim and Feroze Khan alias Fauji. The case was thereafter committed to the Court of Sessions Judge, Sangrur. Feroze Khan alias Fauji was declared a juvenile by the Illaqa Magistrate vide order dtd. 30/4/2013.