PARKASH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (the Code for short) for quashing the charges framed against them by the Additional Sessions Judge, Jalandhar, on December 4, 1992 and setting aside the order dated September 14, 1993 passed by him.

(2.) Brief facts of the case are that on June 20, 1991 at about 7.50 P.M. A.S.I. Parkash Singh of Police Station Division No.4 Jalandhar, along with some other police officials was present near the Punjab National Bank Chowk, Jalandhar. Ranjit Kaur wife ofBhupinder Singh, Jat, resident of House No. 160/4, Central Town, Jalandhar, along with her son Neetiraj Singh met ASI Parkash Singh and made the following statement: am resident of Central Town, Jalandhar in a house taken on rent from Charanjit Singh alongwith my children, on 18.6.1991, my mother Pritam Kaur had come to see me from Amritsar. lam ill for some time, Today my mother-in-law Dalbir Kaur, resident of New Jawahar Nagar, Jalandhar, had come to my house to see me. I was to go to Amritsar for getting myself examined from a Doctor. I an my husband Bhupinder Singh left for Amritsar at 11.30 A.M. leaving Dalbir Kaur my mother-in-law, and my son Neetiraj Singh, and mother Pritam Kaur at my house. I arid my husband reached the house of my parents in Mohalla Bagh Alealian and my father S. Fauja Singh told us that he had received a telephonic message from Jalandhar that my mother Pritam Kaur had expired. I, my brother S. Onkar Singh and Bhupinder Singh my husband reached Jalandhar on learning about the death of my mother and saw my mother dead. My mother-in-law Dalbir Kaur wife of Darshan Singh Shergi, resident of House No. 50, New Jawahar nagar, Jalandhar told me that today at about 1.00 P.M. someone pressed the call bell at the house, whereupon Neetiraj Singh opened the floor. She and Pritam Kaur went near the outer door and found her son Sant Parkash Singh, who is residing in Mahalla Kaimpura, Kapurthala, with his wife Sushma Bala, mother-in-law Nachhattar Kaur wlo Durga Dutt, his sister-in-law Santosh alias Neeti and Kusum Bala daughters of Durga Dutt and Meedi son of Randhir Singh Shergill, resident of Avtar Nagar, Jalandhar, standing in front of the door in the street. All of them entered the house; Nachhattar Kaur declared that they would be taught a lesson for slapping Kusum, Nachhattar Kaur caught Pritam Kaur from her neck. Sant Parkash Singh, Meedi, Sushma Bala, Neeti and Kusum Bala gave fist blows to my mother Pritam Kaur. Dalbir Kaur and Neeti Raj Singh attempted to rescue Pritam Kaur but she fell on the ground and became unconscious and died. Dalbir Kaur and Neetiraj Singh raised alarm Maar Ditta, Maar Ditta. All the accused left in the Maruti van, in which they had come, which was parked outside. Meedi was driving the vehicle. While attempting to rescue, Dalbir Kaur also suffered minor injuries at the hands of Sant Parkash Singh etc. The motive is that one month earlier, my husband Bhupinder Singh gave Rs. 5000/- to Sant Parkash for purchase of wheat for Sh. Partap Singh Seghal, Storekeeper of Gurdwara Central Town, Jalandhar. Sant Parkash Singh did not send the wheat. My mother-in-law Dalbir Kaur approached him at Kapurthala and asked Sant Parkash Singh to send the wheat to Bhupinder Singh as the money was paid by the third party. Yesterday, on 19.6.1991, I, my son Neetiraj Singh, husband Bhupinder Singh and my mother-Pritam Kaur were present in the house, when at about 2.00 P.M. Kusum Bala, sister-in-law of Sant Parkash Singh brought ten bags of wheat in a cart. I asked her as to why she had not brought the wheat for the whole amount and had brought only ten bags of wheat and told him to take back the bags and send Sant Parkash Singh. I exchanged hot words with her and also slapped her. She returned with the wheat and while leaving she threatened me that I would be taught a lesson for slapping her. Sant Parkash Singh, Nachhattar Kaur, Sushma Bala, Kusum Bala, Santosh alias Neeti Meedi, abovesaid, in furtherance of their common intention have assaulted my mother, resulting in her death. Leaving my brother Onkar Singh, husband Bhupinder Singh near the dead body, I along with Neetiraj Singh - my son was proceeding to the Police Station to lodge the report and you had met me and I have made the statement.

(3.) Notice of this petition was given to the State. Reply by way of affidavit of Sh. Sudesh Kumar, Deputy Superintendent of Police (City-I), Jalandhar, has been filed. It has been stated in para 2 of the reply that the dead body of Pritam Kaur was sent to Civil Hospital, Jalandhar, for post-mortem examination; that Dr. Ashok Chawla conducted the post-mortem and viscera was despatched to Chemical Examiner at Patiala and that the death of Pritam Kaur was caused by strangulation as per the statement of the eyewitness recorded under Section 161 of the Code at the spot. It has been further stated in para 8 of the reply that there is sufficient evidence against the petitioners which connects them with the offence punishable under Section 304, Indian Penal Code.