LAWS(P&H)-2014-12-478

BAKSHISH SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On December 22, 2014
BAKSHISH SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner Bakshish Singh has filed this revision petition against State of Punjab and other respondents under Section 401 Cr.P.C. challenging the judgment dated 30.04.2008 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court, Jalandhar whereby the accused-respondents No.2 to 5 have been acquitted under Section 306 IPC.

(2.) It is mainly stated in the petition that judgment of acquittal dated 30.04.2008 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court, Jalandhar are against the law and perverse, in which the evidence led by the prosecution has not been appreciated and contrary finding has been returned and the accused have been acquitted and the same liable to be set aside. It is further stated in the petition that sufficient and cogent evidence has been led by the prosecution which clearly constitute the offence under Section 306 IPC, which indicates that the accused have compelled and created the circumstances for Sukirat Singh to commit the suicide and thus all the accused are liable to be punished and liable to be convicted for maximum sentence provided under the above-said provision. It is also stated in the petition that learned Court below has not appreciated the suicide note Ex.PW3/A, which even otherwise has been proved by the FSL and in the above-said note, deceased Sukirat Singh has clearly narrated the harassment given to him and has also narrated the threat rendered by the accused persons and the abovesaid suicide note is itself explanatory apart from the other evidence that the deceased had been compelled to commit suicide. Notice of motion was issued and learned State counsel as well as learned counsel for respondents No.2 to 5 appeared and contested the petition.

(3.) The brief facts of the case as given in the judgment dated 30.04.2008 are as under:-