JAGGAR SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) FACTS giving rise to this revision petition are that Surjit Kaur aged 27 years died on account of burning fire on 11th March, 1980 around 10 p.m. in the house of her in -laws. The matter was reported to the police by her father -in -law Darbara Singh accused and the report initially registered was that of a case of suicide. Later, at the instance of the close relations of Surjit Kaur, the case was investigated and upon conclusion thereof, the said Darbara Singh, his son Gurcharan Singh alias Harcharan Singh (Husband of Surjit Kaur deceased) and Mohinder Kaur (mother -in -law of the deceased) were challaned for committing the offence of murder. They were tried by the learned Sessions Judge, Sangrur, who upon a consideration of the entire facts and circumstances of the case, acquitted the said three accused persons. The State having not preferred an appeal against the acquittal, the complainant Jaggar Singh has filed this revision petition.

(2.) I have gone through the judgment of the learned Sessions Judge. As said above, he has given due weight to all the facts and circumstances in not believing the motive alleged by the prosecution against the accused persons and on the contrary finding that Surjit Kaur suffered from sucidial tendencies. It has been authoritatively ruled in Mahendra Partap Singh v. Sarju Singh, AIR 1968 SC 707 that in the exercise of revisional powers, the High Court cannot set aside an acquittal. As regards ordering retrial in a revision petition, tests have also been laid down by their Lordships of the Supreme Court, but the learned counsel for the petitioners is unable to bring this case within the ambit of any one of them. As a last resort, he contended that the learned Sessions Judge should have convicted the accused -persons under section 306, Indian Penal Code, but he failed to show that the learned Sessions Judge having disbelieved the prosecution case as regards motive attributed to the accused -persons, how section 306, Indian Penal Code, Section, in the facts and circumstances of this case, can be invoked.

(3.) OR the foregoing reasons, the revision petition fails and the same is hereby dismissed.