GURJANT SINGH Vs. SUKHDEEP SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner lodged a complaint against the respondents for an offence under Section 302 read with Section 34 IPC for causing death of Gurvinder Singh. The complainant is the real brother of the deceased Gurvinder Singh. Said Gurvinder Singh was married to Manpreet Kaur daughter of Sadhu Singh. The complaint was lodged against Sukhdeep Singh brother of Manpreet Kaur, Balkar Singh real brother-in-law of Manpreet Kaur and Amrinder Singh cousin of Manpreet Kaur.

(2.) The stand of the complainant is that Gurvinder Singh solemnized marriage with Manpreet Kaur on 2.07.2007 against their wishes. On 24.12.2008, a telephonic call was received from Sukhdeep Singh-accused No.1 which was attended by the deceased. On receiving such telephonic call, the deceased left his home. The deceased made a call at about 7.00 P.M. on the said date to the complainant pointing out that he was on his way back and that he was having drinks with the accused in Ahata Ghanaur. The complainant relied upon two telephonic calls 730 p.m. and 7.50 p.m. made by the complainant to the deceased.

(3.) Since the deceased did not reach his house in 20/25 minutes, the complainant along with his uncle Mann Singh proceeded towards village Lanjan from village Mandauli to search for the deceased. When they took turn towards village Sultanpur after crossing the drain, then they found the motorcycle of Gurvinder Singh lying in the seasonal khal and the deceased was lying about 10/12 feet away from the khal in unconscious condition. They found, that deceased had received injuries in his head and was taken to A.P. Jain, Hospital, Rajpura where doctor declared Gurvinder Singh as brought dead. The post mortem was conducted on 26.12.2008. FIR No.269 dated 25.12.2008 for an offence under Section 302 read with Section 34 IPC was registered against accused Nos.1 and 2, but still no action was taken by the Police, which led to the filing of the present complaint.