MANJEET SINGH Vs. GURBACHAN SINGH AND ORS.

JUDGEMENT

(1.) PRESENT application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeking leave to appeal, is directed against the judgment of acquittal dated 2.5.2014 passed by the learned Chief Judicial Magistrate, Bathinda, whereby complaint, filed by the present applicant -complainant, was dismissed and the accused -respondents were acquitted.

(2.) BRIEF facts of the case, as noticed by the learned trial court in para 1 of the impugned judgment, are that the applicant -Manjit Singh filed complaint against accused -respondents under Sections 201/306/107/347 read with Section 120 -B of the Indian Penal Code ('IPC for short), on the allegations that complainant was residing at Bathinda alongwith his wife and children, separate from his mother namely Baljit Kaur, who was residing with younger brother of the complainant. Father of the complainant and accused namely Balwant Singh had retired from service as reader to the learned Sessions Judge, Bathinda. Father of the complainant showing farsightedness had partitioned his property among his sons i.e. the complainant and accused No. 1 on 21.06.2000, to avoid any bad blood among his sons at a later stage and same was reduced into writing also. As per the terms of the partition, possession of the properties was also transferred between the parties to the partition.

(3.) IT was further pleaded that father of the complainant had not executed any Will as he had already partitioned the property between the accused No. 1 and the complainant. Balwant Singh suffered neurogenic shock and fell ill. Accused No. 1 got him admitted to civil hospital, Bathinda on 24.04.2006 for medical treatment. On seeing his condition to be serious, the doctors in civil hospital Bathinda referred Balwant Singh to higher medical institute for further treatment. Respondent No. 1 knew that his father was a heart patient and his condition was serious, so he conspired with Harvinder Singh accused. Buta Singh son of Lal Singh and Labh Sing son of Harbans Singh, resident of Dhobiana Road, Bathinda heard the accused Gurbachan Singh and Harvinder Singh conspiring with each other in civil hospital, Bathinda on 24.04.2006 that they will take Balwant Singh to house instead of taking him to some higher medical institute and will get executed a Will from him for the gain of respondent No. 1. Respondent No. 6 was attesting witness of the Will and she also connived with other accused in execution of the Will alleged to be executed by Balwant Singh. Respondent No. 1 got discharged his father from civil hospital, Bathinda on his own risk and took him to his house. Respondents No. 1 to 4 badly pressurized Balwant Singh and threatened him with dire consequences. Respondents No. 1 to 4, in connivance with accused No. 5, got prepared a computerised Will and got the same executed from Balwant Singh under coercion on 26.04.2006, whereby accused persons got deprived the complainant from inheritance of his father.