RAVINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The applicant has filed the present application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 1.12.2014 whereby the Additional Sessions Judge, Ludhiana acquitted respondentsHarbans Singh and Gurbax Singh of the charges under Section 304 read with Section 34 IPC.

(2.) According to the prosecution, complainant's husband Varinder Singh returned home from his duty on 9.9.2007 and told her that he had suffered an injury on his head for which he wanted to take rest. As he was only complaining of headache, the complainant did not take the matter seriously. However, when he started weeping time and again and not talking with his family members and also not going to his duty, he was taken to Jiwanjot Clinic at Khanna on 12.9.2007 at 5.00 a.m. By that time, he had become unconscious. He was referred to D.M.C., Ludhiana where he did not recover and ultimately on 16.9.2007 when he was being shifted to Rajindra Hospital, Patiala he died on the way. Proceedings under Section 174 Cr.P.C. were carried out. The dead body was subjected to post-mortem. Despite the same, no action was taken by the police. The complainant then sent an application dated 12.4.2008 to the Director General of Police stating therein that when her husband was returning from his duty, on the way his scooter struck with the Maruti Car and respondents No.2 and 3, who were in that Maruti Car, gave severe beatings to her husband. The occurrence was witnessed by Balraj Singh and Nirmal Singh. Both the accused/respondents also visited the house of Jagjit Singh whose uncle Harbans Singh was the President of Employees Federation of P.A.U. and had say in the police. They suffered extra judicial confession before him. At that time, Harminder Singh son of Malkit Singh was also sitting in the house of Jagjit Singh.

(3.) On the basis of preliminary evidence led by the complainant, respondents No.2 and 3 were summoned to face trial under Sections 304 and 506 IPC. After procuring the presence of the accused, the Illaqa Magistrate committed the case to the Court of Sessions where they were charged for committing the offences under Section 304 read with Section 34 IPC.