DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant/complainant is before us, challenging judgment of acquittal, dated 09.05.2013, passed by the Additional Sessions Judge, Jalandhar.

(2.) THE complainant, lodged FIR No.213, dated 20.09.2012, under Sections 304, 109, 201 of the Indian Penal Code, at Police Station Division No.8, Jalandhar, that on 18.08.2012, at about 8.15 P.M., he sent his son Ravinder Singh @ Kaka, aged 20 years, who works as an electrician to Metro Hospital to fetch medicine, but the latter did not return. His phone was switched off and despite attempts to search for his, his son could not be traced. He was informed by SI Avtar Singh, on 19.08.2012, that the dead body of his son is lying at Kotla Road, Near Ply Board Factory. The complainant along with his wife Jaspal Kaur and relatives rushed to the spot and found that the dead body of his son was lying on the road and foam was coming out from his nose and mouth. The complainant alleged that his son has been administered a poisonous substance or an excessive dose of an intoxicant on the night of 18.08.2012, by Parminder Singh @ Bhinda, Gurvinder Singh @ Kaka, Pardeep Singh @ Happy, Vicky @ Chucha and Money (respondents), while they were sitting at Maa Durga Steel Industries and, thereafter, left his son on the road. On the basis of this statement Inspector Bimal Kant registered an FIR, prepared an inquest report, post mortem was conducted and it was opined that cause of death was required to await receipt of report of the chemical examiner. The visra was sent for chemical examination on 30.08.2012. A rough site plan was also prepared.

(3.) DURING investigation, one Ranjit Singh recorded a statement on 18.09.2012 that at about 9.00 PM, he was present in his house, Gurvinder Singh, Parminder Singh and Happy came to his house along with Money and Chucha, where they made an extra judicial confession that on 18.08.2012, Kaka, Parminder Singh, Happy and Chucha, Money, Kaka son of Devinder Singh, complainant, were sitting in Maa Durga Steel Industries, when Chucha and Money brought smack. All of them except Kaka began consuming smack. After some time, they asked Kaka to take smack. Kaka also started taking smack.