JAGGA SINGH Vs. HARDEEP KAUR AND ANOTHER

JUDGEMENT

(1.) The Appellant has filed the present appeal against the judgement of acquittal dated 18/12/2013 passed by Ld. Additional Sessions Judge, Amritsar whereby Hardeep Kaur @ Raji-accused has been acquitted of the charge under Section 302 IPC as the prosecution has miserably failed to prove its case beyond shadow of reasonable doubt.

(2.) The case of the prosecution was set in motion under Section 174 Cr.P.C. on the basis of written application dated 09/02/2012 made by Hardip Kaur wife of the deceased-Paramjit Singh. At the time of death of Paramjit Singh, statements of Jagga Singh-father of the deceased and his son-in-law-Ajit Singh were recorded wherein they stated that deceased used to live happily in his family and no person is liable for his death. Accordingly, they gave consent that it was sudden death of the deceased and no one is liable for the same. Thereafter, dead body of Paramjit Singh after getting the post mortem conducted upon the same was handed over to his relatives, who thereafter cremated the same in the village. According to the viscera report of Dr. Jatinder Pal Singh, the cause of death is asphyxia as a result of organ phosphorus group of pesticide poisoning which was sufficient to cause death in ordinary course of nature. It was after the said opinion that family members of the deceased claimed that Hardip Kaur wife of Paramjit Singh was responsible for the death of her husband. The story coined at the behest of Jagga Singh- father of the deceased was that accused used to pressurise Paramjit Singh to sell the land situated in village and purchase Kothi in the city. Few months ago, she pressurised her husband and forced him to shift in police quarter No.49-D. On 09/07/2011 at about 7 PM, Paramjit Singh came back to his house from duty at Ludhiana and was done to death during the night time by the accused. On the basis of the statement recorded by Jagga Singh - father of the deceased, a primafacie case under Section 302 IPC was found to be made out against the accused and accordingly the same was committed for trial vide order dated 05/09/2012. Thereafter the accused was charge sheeted and not pleading guilty to the charge, the prosecution was called upon to lead evidence in support of the charge.

(3.) In order to prove their case, prosecution examined PW1 Jagga Singh, PW2 Ajit Singh, PW3 SI Balwant Singh, PW4 Rishi Ram, Draftsman, PW5 Karnail Singh, PW6 Resham Singh, PW7 Inspector Sukhwinder Singh, PW8 Tarsem Singh, PW8 MHC Balwinder Singh (wrongly numbered), PW9 Dr. Jatinder Pal Singh, PW10 HC Sucha Singh, PW11 Gurwinder Singh, PW12 Inspector Sukhwinder Singh and thereafter closed their evidence.