PRITAM KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been directed by the complainant against the judgment dated 19.12.2005 passed by Shri P.P.Singh, Additional Sessions Judge (Adhoc)/Fast Track Court, Muktsar vide which accused Gurjit Singh son of Bhupal Singh son of Dara Singh aged 26 years, driver resident of Goneana Chowk Bypass, Muktsar City stood acquitted in respect of offence under Section 307 of the Indian Penal Code ( in short the IPC) registered vide FIR No.183 dated 19.12.2002 at Police Station City Muktsar.

(2.) BRIEFLY stated on 19.11.2002 Pritam Kaur made a statement to ASI Baljit Singh that she is a household lady and in front of her house, Gurjit Singh son of Bhupal Singh also lives. She was having illicit relations with said Gurjit Singh for the last so many years. Thereafter he got married but even after his marriage, he carried on his affairs with her secretly and on one pretext or the other. She has further stated that on 11.11.2002 at about 10.00a.m., Gurjit Singh accused came to the house of Pritam Kaur, complainant and told her that her husband has met with an accident. Since her husband was in the business of tyre dealing and on that day he had gone to village Bhundar, so she believed the version of Gurjit Singh and sat on his scooter in order to find out the whereabouts and well being of her husband. She was taken towards village Bhundar by the accused on his scooter. But, instead of moving towards the side of said village he took the scooter towards village Smagh. Complainant raised a noise but the accused did not pay any heed to her shouts. When they reached in the area of pucca canals, then she expressed her desire to urinate. Accordingly accused Gurtjit Singh stopped his scooter and she sat on the bank of the canal in order to urinate. Before she could tie the cord of her salwar, Gurjit Singh forcibly lifted her and threw her in the Rajasthan Canal and thereafter he ran away on his scooter. Pritam Kaur raised raula, then the residents of village Smagh, who were to the tune of 4 -5 persons came to her help. As she already knew how to swim, so during the said period she continued swimming and the persons who had gathered there took her out of the canal and asked her to put on her clothes. Thereafter they left her at Muktsar where she narrated the occurrence to MC Nachhattar Singh. She has further alleged that Gurjit Singh after getting married wanted to get -rid of her. So, he threw her in the canal with an intention to kill. Respectable of the village tried to effect compromise but it did not mature and she made statement on 19.11.2002 FIR under Section 365 and 307 of the IPC was registered. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.

(3.) ON appearance of the accused, copies of documents were supplied to the accused free of costs. The case was committed to the court of Sessions as the offence alleged against the accused was exclusively triable by the Court of Session. Charge under Sections 365 and 307 of the IPC was framed against the accused to which he pleaded not guilty and claimed trial.