AMANDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) COMPLAINANT - Amandeep Kaur has preferred this appeal impugning judgment dated 03.09.2014 passed by learned Sessions Judge, Sri Muktsar Sahib whereby accused Sukhjinder Singh @ Kala and Manga Singh - respondents No. 2 and 3, have been acquitted of the charge of having committed an offence punishable under Section 302 read with Section 34 IPC.

(2.) AS per the prosecution version, application dated 05.05.2013 was submitted by complainant - Amandeep Kaur to Senior Superintendent of Police, Sri Muktsar Sahib with copies to others for taking action against the accused respondents Kala, Goldy and 4/5 unidentified persons for causing the death of her husband Sarabjit Singh. She averred to be married with Sarabjit Singh five years ago, who ran an Orchestra near Devi Lal Park, Mandi Killianwali in a rented shop. He was coming home on 01.03.2013 as usual. At about 7.30/7.45 p.m., a driver telephonically informed her brother -in -law Shivraj Singh that 6/7 unknown persons had kidnapped Sarabjit Singh and taken him in a Bolero car near Devi Lal Park. Her brother -in -law Shivraj alongwith Gurjant Singh and Bhagwan Singh proceeded to the police post Killianwali at about 11.45 p.m./mid night and lodged a report about Sarabjit Singh being missing. They searched for Sarabjit Singh but to no avail. They were told by M at police post, Killianwali on 02.03.2013 that a person was admitted in Civil Hospital, Sirsa last night. Gurjant Singh proceeded to the Civil Hospital, Sirsa and Sarabjit Singh was found to be admitted in the hospital. It is alleged that the complainant alongwith Head Constable Gamdoor Singh went to the Civil Hospital, Sirsa. At about 2.15 p.m. Head Constable Gamdoor Singh recorded the statement of Sarabjit Singh in the presence of complainant and Gurjant Singh. Sarabjit Singh revealed that Kala Singh, Goldy alongwith 4/5 other unidentified persons kidnapped him and inflicted severe injuries. Sarabjit Singh was referred to Astha hospital on 02.03.2013 and further to Ganga Ram Hospital, New Delhi on 08.03.2013. However, he succumbed to his injuries on 09.03.2013 at about 1.37 p.m. Complainant alongwith Gurjant Singh allegedly visited the police post time and again praying for action to be taken against the accused but it emerged that the police joined hands with the accused, who were also threatening the complainant. She prayed for action to be taken against the accused persons.

(3.) ON the basis of this application, FIR No. 105 dated 18.08.2013 under Sections 302/304 IPC was registered. Post mortem of the deceased was conducted by PW 9 Dr. Jatin Bodwal, Assistant Professor, Department of Forensic Medicine, Maluana Azad Medical College, Delhi. Cause of death was 'craniocerebral damage consequent upon blunt force trauma to the head via injury no. 1 which was sufficient to cause death in ordinary course of nature'. On completion of investigation, challan/report under Section 173 Cr.P.C. was submitted against the accused respondents. Charge was framed against them to which they plead innocence and claimed trial. Respondent Sukhjinder Singh claimed that he had not caused any injury to the deceased neither he was known to him. He denied his name to be Kala Singh or his father's name to be Laddi Singh. Respondent Manga Singh also claimed that he had not caused any injury to Sarabjit Singh and neither he was known to him. He also did not know Goldy.