KARAMJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by Karamjit Kaur, mother of the deceased Boota Singh, aggrieved against the order of acquittal of the respondents passed by the learned Sessions Judge, Patiala, on 02.03.2015.

(2.) As per the statement (Exhibit PW3/1) of the appellant recorded by Inspector Gurpreet Singh on 11.4.2011, her son Boota Singh left his house on 27.03.2011 after taking meals at the house of his friend Satnam Singh. On 28.03.2011, Satnam Singh went to the house of Boota Singh at 7.00 a.m. He found his room locked. It was on 29.03.2011 at about 5.00 p.m., she enquired from Satnam Singh, who informed her informed that Boota Singh was not responding to the calls on mobile phone. On the basis of such statement, earlier a DDR Exhibit PW-20/A was recorded which was followed by statement Exhibit PW3/1 made on 11.4.2011. In the said statement, the appellant stated that her son was a witness in an FIR against accused Balkar Singh for committing rape upon Palwinder Kaur. In view of the said fact, Harbans Singh son of Gujjar Singh, Ajit Singh son of Gujjar Singh and Fauji Ram Sarup son of Gujjar Singh, Bittu Singh son of Ajit Singh, Balkar Singh @ Rinku son of Ajit Singh, Satnam Singh son of Harbans Singh, all residents of Dandrala Kharaur had been threatening her son. She further stated that a quarrel had taken place between Balkar Singh and her son and an FIR for an offence under Section 307 IPC was registered against her son Boota Singh and he remained in custody for four months. She was terrified and shifted Boota Singh to her nephew's place at Ambala whereas her daughter-in-law Sandeep Kaur along with her grandson went to her parental village Banbhora. Boota Singh was residing at Ambala but went to village Dandrala Kharaur on 27.3.2011 and had taken his dinner at the place of Satnam Singh at 9.00 p.m. He went to his place with a promise to come to Satnam Singh next day at 7.00 a.m. But on the next day Satnam Singh found the house of Boota Singh locked.

(3.) On such statement, the police started investigation process; recorded statement of Satnam Singh and completed other formalities. It was on 15.4.2011, the dead body of Boota Singh was recovered on Dhainthal Lalgarh Pathway i.e. alongside the banks of Bhakra Canal. It was on 18.4.2011 the accused was arrested.