LAWS(P&H)-2024-3-12

JAGTAR SINGH Vs. STATE OF PUNJAB

Decided On March 04, 2024
JAGTAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) CRM-9248-2024 :

(2.) The FIR was lodged at the instance of Gurmej Singh, wherein it is alleged that on 4/9/2021, his son Shamsher Singh had left home so as to meet Jagtar Singh (petitioner), who had borrowed a lot of money from his son Shamsher Singh. It is alleged that Shamsher Singh had gone to get his money back, but he did not return back home till evening. Later, the complainant received a telephonic call from one of the co-villager, namely, Bugga and also from his son-in-law Sikandar Singh informing that the dead body of Shamsher Singh was lying on the bank of water channel of village Sadhpur. Upon receipt of said information, the complainant rushed to the spot where he found the dead body of Shamsher Singh, which was found to be bearing injury marks. The complainant suspected that his son had been killed by Jagtar Singh.

(3.) Learned counsel for the petitioner submitted that the FIR in question came to be lodged on the basis of suspicion and that the present case is a case based totally on circumstantial evidence. Learned counsel further submitted that the prosecution mainly banked upon the testimonies of two witnesses, namely, Jhirmal Singh and Jagir Singh. While Jhirmal Singh in his statement recorded under Sec. 161 Cr.P.C. claims to have seen Jagtar Singh in the company of Shamsher Singh when both of them were consuming liquor, Jagir Singh in his statement under Sec. 161 Cr.P.C. stated that on 4/9/2021 at about 8.00 PM, he had seen Jagtar Singh throwing something wrapped in a jute bag in the water course. Learned counsel submitted that when both the aforesaid witnesses appeared in the witness-box, they did not support the case of prosecution at all and totally resiled from their statements. It has, thus, been submitted that the petitioner, who has been behind bars since the last about 2 'years, deserves the concession of bail particularly when the trial is proceeding at snail's pace.