HARPREET SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE appeal has been filed by the appellant Harpreet Singh against the acquittal of Sukhbir Singh (respondent No. 2) by the learned Sessions Judge, Patiala vide his judgment and order dated 30.09.2013.

(2.) SUKHBIR Singh (respondent No. 2) was in fact the complainant in the case. However, in the police report that was filed, he was nominated as an accused. Sukhbir Singh (respondent No. 2) submitted before ASI Sunil Dutt (PW -10) on 09.10.2011 that on the night of 30.09.2011 at about 10.30 pm, when he returned home after doing his work in the fields, he found his minor daughter Sarabjit Kaur alias Rozy was missing from the house. His wife and other family members were, however, in the house. He searched for his daughter but all in vain. After nine days, he suspected that his daughter had been abducted by Harjit Singh son of Paramjit Singh, Harpreet Singh (appellant) son of Bhajan Singh and Manjit Singh son of Paramjit Singh of village Shambhu Kalan. The police on the basis of the said statement of Sukhbir Singh registered FIR against Harpreet Singh (appellant), Harjit Singh and Manjit Singh for the offences under Sections 363 and 366 -A of the Indian Penal Code ('I.P.C.' -for short).

(3.) LATER Harpreet Singh (appellant) on 03.06.2012 disclosed to Sub -Inspector Kuldeep Singh that he had an affair with Sarabjit Kaur alias Rozy while he was a student. He used to talk to her from his mobile phone to her mobile phone. However, Sukhbir Singh (respondent No. 2) was not accepting their affair, therefore, he had withdrawn his minor daughter from school. Harpreet Singh (appellant) also disclosed that on the intervening night of 28/29.09.2011, Sarabjit Kaur alias Rozy had informed him while weeping that her family members were making a plan to kill her. They had restricted her movements. During the night of 29.09.2011 at about 12.30 am (midnight), Sarabjit Kaur alias Rozy informed him (Harpreet Singh appellant) that her family members were carrying out discussions to kill her. At the same moment, Sarabjit Kaur alias Rozy informed Harpreet Singh (appellant) that her family members were knocking at her door. Thereafter, she switched off her mobile phone. She never called him on his mobile telephone. Thereafter, whenever he made an endeavour to contact her, he found that her mobile phone was switched off. The said Harpreet Singh further informed the Investigating Officer that he himself had made an enquiry and he was fully convinced that Sarabjit Kaur alias Rozy had been killed by her father Sukhbir Singh (respondent No. 2), who had disposed of her dead body.