MANJINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The widow of the deceased Jaswinder Singh has preferred the present appeal aggrieved by the acquittal recorded by the trial Court qua accused Harbhajan Singh and Sukhdev Singh.

(2.) The brief case of the prosecution is that Jaswinder Singh (since deceased) who was running a Dhaba near bus stand Haripur Phullare, had been to the house of accused Nachhattar Singh on 1.6.2012. Jaswinder Singh informed his wife Manjinder Kaur on telephone that he would not come to his house at night as he had proposed to stay in the house of Nachhattar Singh. He further informed her that he would reach home early morning. When Jaswinder Singh did not reach home on 2.6.2012, complainant Ranjit Singh along with his brother-in-law Prem Singh proceeded to the house of Nachhattar Singh in village Bhattoo to enquire about Jaswinder Singh. At about 10 AM, when they reached the house of Nachhattar Singh, they witnessed the clothes of Nachhattar Singh and the Kirpan he was holding, smeared with blood. Accused Sukhdev Singh son of accused Nachhattar Singh and accused Harbhajan Singh son-in-law of accused Nachhattar Singh were conversing with Nachhattar Singh in the back-yard. When the complainant Ranjit Singh and his brother-in-law Prem Singh proceeded towards them, all of them ran into the fields. In the back-yard, they saw the dead-body of Jaswinder Singh lying in a pool of blood on a cot. Suspecting that Jaswinder Singh had been murdered by Nachhattar Singh, Sukhdev Singh and Harbhajan Singh, a complaint was lodged by Ranjit Singh with the police.

(3.) On the side of the prosecution, 12 witnesses were examined. Accused came out with a plea in their statements under Section 313 Cr. P.C. that they were innocent but a false case had been foisted upon them. Accused Harbhajan Sikngh set up a plea that he has not been residing in the village of Nachhattar Singh and is residing in village Lodhipur with his family. Accused Sukhdev Singh also took up a plea that he was in fact residing in village Rajgiri with his family.