GURDAS SINGH Vs. AVTAR SINGH AND ORS.

JUDGEMENT

(1.) APPELLANT - Gurdas Singh @ Dass being aggrieved of acquittal of respondent - Avtar Singh @ Tar for the offence punishable under Section 302 IPC by the Additional District Sessions Judge, Ludhiana vide judgment dated 19.02.2015 has preferred the present appeal.

(2.) PROSECUTION was set in motion on the statement Ex. PE of Gurdas Singh @ Dass on 30.09.2011 to ASI Davinder Singh. He disclosed that he is a labourer having two sons and one daughter. Youngest son Balwant Singh was a driver of Truck No. PB -11C -3400 owned by Avtar Singh @ Tar. Balwant Singh and Avtar Singh loaded bales of wastage of hosiery on 27.09.2011 at Ludhiana to be transported to Baroha in Uttar Pradesh (U.P.) in the said truck. Balwant Singh talked to his wife on telephone while they were loading their vehicle. Thereafter, there was no communication with Balwant Singh or Avtar Singh. Avtar Singh on 30.09.2011 at 7.00 PM brought the dead body of his son Balwant Singh in an Ambulance No. UP -20T -1318 driven by one Pardeep Kumar son of Naresh Kumar resident of Talamabad Baroha, District Bijnor. Avtar Singh revealed that Balwant Singh had fallen sick and he had died. Before his death, Avtar Singh took him to Pandit Din Dayal Hospital, Bijnor U.P., where the doctor declared him dead. One Balwinder Singh @ Binder Singh resident of Kothe Fatehdin, Police Station, Jagraon was also with them. Complainant suspected the cause of death of his son. Therefore, he discussed about getting the post mortem conducted with Sarpanch Davinder Singh. He went to Civil Hospital, Jagraon and asked for post mortem. Upon which, he was informed by the doctor that a police report was necessary. Consequently, ASI Davinder Singh was informed, who recorded the statement of the complainant and conducted the proceedings under Section 174 Cr.P.C. FIR No. 68 dated 07.04.2012 was registered under Section 302 IPC. Post -mortem was conducted at Civil Hospital, Jagraon. Viscera was sent to the Chemical Examiner. On receipt of report Ex.PX dated 14.12.2011, cause of death was opined to be Aluminum Phosphide poisoning. PW7, Inspector Rachpal Singh sent ruqqa Ex. PW7/A through HC Jatinder Singh on which formal FIR Ex. PW7/B was registered by ASI Amarjit Singh.

(3.) INVESTIGATION in this case was conducted by the Inspector Rachpal Singh, PW7. Respondent - Avtar Singh was arrested on 28.04.2012. He allegedly suffered a disclosure statement on 02.05.2012 to the effect that he has kept concealed two mobile phones without SIM and he can get the same recovered. One mobile phone was recovered on 02.05.2012 which was taken in possession vide Ex. PD.