STATE OF PUNJAB Vs. SUKHVIR KAUR @ SUKHI

JUDGEMENT

(1.) Heard learned counsel for the State.

(2.) The State of Punjab has filed criminal miscellaneous application in terms of Section 378 (3) of Code of Criminal Procedure ('Cr.P.C.' for short) seeking permission to file an appeal against the acquittal of respondent-Sukhvir Kaur alias Sukhi by the learned Additional Sessions Judge, Patiala vide her judgment and order dated 17.12.2013 for the offences punishable under Sections 302, 148, 149 and 120-B of Indian Penal Code ('IPC' for short). Along with the application seeking leave to appeal criminal miscellaneous application has been filed seeking condonation of 87 days delay in filing the application for leave to appeal.

(3.) The FIR in the case has been registered on the statement of Sarabjit Singh, which was recorded by Inspector SHO, Bharpur Singh. According to the complainant, they are four brothers. The names of other brothers of the complainant are Surjit Singh, Nahar Singh and Balwinder Singh. Nahar Singh, brother of the complainant, had a son namely Avtar Singh (deceased in the case) aged about 17 years. Avtar Singh was studying in the 12th class at Guru Teg Bahadur Public School, near Gurudwara Dukhniwaran Sahib, Patiala. Avtar Singh (deceased) used to go for tuition at Sheran Wala Gate, Patiala. On the date of incident i.e. 06.07.2010, Sarabjit Singh (complainant) along with his nephew Avtar Singh (deceased) boarded a bus from village for reaching Patiala. The bus was crowded. The complainant was standing in the middle of the bus while his nephew Avtar Singh (deceased) was standing near the rear door of the bus. The bus reached the bridge of the drain at Bhadson Road, Patiala near Octroi at about 10.30 a.m. It stopped there for passengers to get down. During this time, five-six unknown persons came near the rear door of the bus and they made Avtar Singh to forcibly get down from the bus. From amongst them two-three persons caught hold of Avtar Singh from his arm and one person gave a blow with a sharp edged weapon near the private part of Avtar Singh. Out of the aforesaid persons, one person picked up a soda bottle from the Tea Hand Cart (Rehri) and broke its base. He then inflicted a blow with the broken soda bottle on the back of Avtar Singh. The complainant tried to get down from the bus. In the meantime, the assailants inflicted more injuries to Avtar Singh with their weapons. They threw him on the road. On raising alarm by the complainant and other persons, the aforesaid assailants ran away from the spot on their motorcycle along with their respective weapons. The complainant could not read the number of the motorcycles but he could identify the person if they were brought before him. Avtar Singh, nephew of the complainant, on receipt of the injuries had become unconscious. The complainant along with other persons took Avtar Singh to Sachdev Hospital, Bhadson Road, Patiala. On the asking of the doctor, he got him admitted at Rajindera Hospital, Patiala. During treatment of Avtar Singh, he died. The complainant alleged that his nephew had died on account of the injuries inflicted by the aforesaid persons and action was asked to be taken against them. On the basis of the said statement of Sarabjit Singh, complainant, FIR was registered and investigation was carried out. After investigation, the police report was filed. The learned Additional Sessions Judge, Patiala after considering the evidence and material on record has convicted the other accused namely Sukhjinder Singh @ Chhota , Tejinder Singh @ Teji, Gurdeep Singh @ Gaggi, Gurneet Singh, Paramjit Singh @ Kala, Amrinder Singh @ Deepi, Amardev Singh @ Goggi, Sukhwinder Singh @ Sukhi and Gurpreet Singh @ Gopi. However, Sukhvir Kaur @ Sukhi (respondent) and one Malkiat Singh @ Babbu were acquitted. The State has filed the present criminal miscellaneous application seeking leave to appeal against the acquittal of Sukhvir Kaur @ Sukhi (respondent). Along with the application seeking leave to appeal, criminal miscellaneous application has been filed seeking condonation of 87 days delay in filing the appeal.