BALBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present application is filed under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal against the judgment of acquittal recorded by the trial Court on 23.5.2014.

(2.) It is the case of the prosecution that Gurdial Singh, father of the complainant, was murdered by accused Harvinder Sharma who had illicit relations with co-accused Ranjit Kaur-the wife of complainant Balbir Singh, as Gurdial Singh objected to the said illicit relationship between them.

(3.) The prosecution examined PW-2 Sarwan Singh, the star witness in this case. He had stated that accused Harvinder Sharma was seen emerging out of the house of complainant Balbir Singh on 20.9.2008. He had gone a step further in his cross-examination and stated that he found accused Harvinder Sharma coming out of the house with blood stained clothes. The prosecution also examined PW-5 Harvinder Singh, Nodal Officer, Vodafone South Limited, Mohali, to establish that there had been frequent calls to mobile No. 9988787088 which was issued in the name of one Parveen Pandey.