STATE OF PUNJAB Vs. GURPREET KAUR

JUDGEMENT

(1.) The instant application seeking leave to appeal is preferred against the judgment dtd. 17/9/2021 passed by the learned Addl. Sessions Judge, Sri Muktsar Sahib, whereby respondents have been acquitted of the charges under Ss. 302/342/323/325/148 and 149 of IPC.

(2.) Vide order dtd. 8/1/2024, the lower Court record was called for. The same has been received today.

(3.) The prosecution case, as per the complaint of complainant-Ramesh Kumar (PW-1) is that on 15/8/2017, the complainant's son- Deepak Tiwari @ Shanky and one Sukhwinder Singh had gone to attend the birthday party of the son of Manga Singh. At said birthday party, a dispute arose and Jiwan Singh, Ajay Singh, Ravi Kumar and Veer Chand, had given beatings to his son and Sukhwinder Singh. After returning from the party, complainant's son told the complainant about the aforementioned dispute. Then, the complainant along with his son and Sukhwinder Singh left for the house of Satpal Singh to complain about it but were stopped by Jiwan Singh armed with dang, Ajay Singh armed with soti, Gurpreet Kaur empty handed, Ravi armed with dang, Veer Chand armed with soti, Gopal Singh empty handed, Kinder Singh armed with dang, in the street. At about 2:00 am, Jiwan Singh raised a lalkara that today Shanky and Sukhwinder Singh should not be spared. After the lalkara, all the above said persons dragged the complainant's son and Sukhwinder Singh to the house of one Satpal Singh and started hitting them with their respective weapons. 3-4 unidentified persons also came at the place of occurrence and caused injuries to his son and Sukhwinder Singh. When the complainant raised raula Na- Maaro Na- Maaro, the above said persons even tried to hit the complainant and the complainant had to run away from the spot to save his life. Ambulance Van No. 108 took his son and Sukhwinder Singh to Civil Hospital, Malout for emergency treatment. Later on, the complainant came to know that his son had succumbed to the injuries and his dead body was lying in Civil Hospital, Gidderbaha.