JOGINDER PAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present criminal revision petition, at the instance of the complainant, is directed against the impugned judgment dated 10.11.2006 passed by learned Additional Sessions Judge, Nawanshahar, whereby accused-respondents No. 2 to 7 were acquitted.

(2.) Brief facts of the case, as recorded by the learned trial Court in para 2 of its judgment, are that on 21.08.2000 complainant Joginder Pal made statement before SI/SHO Lashkar Singh that he was resident of Village Chakli Sujait and was engaged in cultivation. He had got two sons and four daughters, out of whom, his eldest son Dildar Singh, aged about 35 years was married and was driving the Combine of Gurmit Singh, resident of Village Baddowan Sardullapur, who was the son of his mother's sister. Dildar Singh had kept with him Salwinder Singh alias Bagga son of Chanan Singh, resident of village Road Majri, Police Station Machhiwara, as Foreman on the said Combine, but he was removed from the Combine in the last paddy season and now Paramjit Singh, who is brother of the said Salwinder Singh, had been employed on the said Combine. On 18.08.2000, in the morning, Dev son of Biru, resident of Village Road Majri, who was nephew of Salwinder Singh, came to him at Village Chakli Sujait and told him (the complainant) as well as his son Dildar Singh that Paramjit Singh, his uncle, had called Dildar Singh to have a talk regarding the Combine. On 19.08.2000, his son Dildar Singh, along with his mother's Sister Giano and Darshana daughter of Giano at about 9.00 A.M. went to Machhiwara to purchase parts of the Combine. On 20.08.2000, Salwinder Singh alias Bagga came to his Village Chakli Sujait at about 8-00 A.M. and told that the Scooter of Dildar Singh had been lying parked on the other side of Bundh River Sutlej in the area of Village Dhullewal in which his Shirt, Parna and some parts of the Combine were lying, but the whereabouts of Dildar Singh were not known and he further told that yesterday i.e. on 19.08.2000, at about 2.30 P.M., Dildar Singh after purchasing the components of the combine had come to his house and after taking liquor and eating meals, Dildar Singh had left for Village Chakli Sujait on his Scooter at about 5.30 P.M. and on 19.08.2000 itself at about 8.30 P.M. the scooter of Dildar Singh was found parked near the house of Mohinder Singh panch of Village Dhullewal, near the Bundh of river Sutlej. While searching for Dildar Singh, on 21.08.2000 at about 11.00 A.M., they reached on the embankment of river Sutlej in the area of village Tajowal, near the land of Jagat Ram and found the dead body of Dildar Singh in the Water. They took out the dead body from the water. It was bearing strangulation marks on the neck and the tongue had protruded out. He had definite suspicion that his son had been murdered by strangulation by Salwinder Singh, Paramjit Singh sons of Chanan Singh and Gian Singh son of Tara Singh residents of Village road Majri because all these persons had taken liquor along with his son on 19.08.2000 and had committed his murder and in order to screen the offence, they had thrown his dead body in the River Water.

(3.) On the basis of this report, formal F.1.R. was recorded and the investigation was brought into effect. During the course of investigation, the investigator visited the spot, prepared rough site plan, got postmortem conducted on the dead body, recorded statements of the witnesses, arrested the accused and after completion of formal investigation, the accused were challaned. Requirement of Section 207 Cr.P.C. was complied with.