HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARJIT Singh -complainant, brother of the deceased Amrik Singh, being the victim has filed this appeal against the judgment dated 19.8.2013 passed by learned Sessions Judge, Jalandhar, vide which the accused Jugraj Singh @ Vipan was acquitted for the offence under Section 302 IPC in FIR No. 290 dated 31.12.2011 Police Station Shahkot.

(2.) THE facts of the case are that Amrik Singh brother of Harjit Singh -complainant was an agriculturist. On the night intervening 30/31.12.2011 at about 8/9:00 p.m. Amrik Singh after taking dinner went to his Cattle Shed constructed in the fields for guarding the cattles consisting of Buffaloes and Cows. On 31.12.2011, Harjit Singh complainant accompanied by his mother Mohinder Kaur went to the said cattle shed in the fields in the dera in the early morning to milch the buffaloes and cows. They found that the inside light of the dera was switched off. When the light was put on by them, they found the dead body of Amrik Singh with injuries on the left side of his head caused by some unknown persons by Kundhala and sharp edged weapon. The complainant informed his cousin Jagir Singh. Thereafter, he left Jagir singh and his mother to guard the dead body at the place of occurrence and informed the police. The police held the inquest report. The postmortem of the dead body was got conducted.

(3.) DURING the investigation on 2.1.2012, Resham Singh Member Panchayat of village Jaffarwal as well as Balbir Singh Ex - Sarpanch of village Killi made their separate statements before the Investigating Officer under Section 161 Cr.P.C. Balbir Singh disclosed that on the night intervening 30/31.12.2011 at about 11:00 p.m. he had seen accused Jugraj Singh in the chowk near the Haveli. At that time Jugraj Singh was holding a sword in his right hand. When he inquired from the accused, he did not respond and paced away to his house. Resham Singh Member Panchayat of village Jaffarwal stated that on 1.1.2012 when he was present in the house than at about 12 O'clock at noon Jugraj Singh @ Vipan came to him and made extra judicial confession to the effect that he had murdered Amrik Singh by causing injuries on the right side of his head with sword. He requested that he should be produced before the police.