KESAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Instant appeal has been preferred by Kesar Singh son of Mohinder Singh complainant in FIR No. 206 dated 05.11.2012 and the father of the deceased Harpreet Singh. Challenge is to judgment dated 18.11.2014 passed by the learned Additional Sessions Judge, SAS Nagar, Mohali whereby respondent Sukhwinder Singh @ Sundi has been acquitted of the charge for the offence punishable under Section 302 IPC.

(2.) On the same day at about 6.30 p.m. Kesar Singh son of Mohinder Singh identified the dead body to be that of his son Harpreet Singh and his statement Ex. PW1/E was recorded. He revealed that he was a Clerk with the District Treasury Office, Rupnagar. He has two daughters who were elder to the deceased and were married. He had two sons, the younger being Harpreet Singh(deceased). His daughter Bholi was married at village Lutheri. His son had a relationship with a girl of village Lutheri and he used to say that he would get married at village Lutheri. Complainant would counsel him that he has given his daughter in the said village, therefore, it is not appropriate to marry a girl from the said village. His son Harpreet Singh left for village Lutheri to go to his sister's in-laws house on 01.06.2008 at about 12.00 noon because his daughter Bholi had been blessed with a boy and she was with him at her parental home. Harpreet Singh had gone to get clothes etc. of his sister but he did not return till 04.06.2008. They had thought he might have stayed back at village Lutheri for some reason. PCR party of the police came to their house and informed that a boy has met with death at Sar Srover. A photocopy of the complainant's identity card was recovered from the pocket of the deceased's shirt. On this the complainant went to the Civil Hospital where he identified the dead body of his son. He expressed a desire to know the reason for his son's death, therefore, asked for a post mortem to be conducted to remove his doubt as to the cause of Harpreet's death. He submitted that he would give his statement for any further proceedings only after receipt of the Post Mortem Report. Said statement was duly signed by the complainant and attested by Sant Singh. Inquest report Ex. PW1/4 was prepared. An entry in the daily diary register was made Ex. PW1/J. Post mortem was conducted and the body handed over to the family. Post Mortem Report Ex. PW4/D was received wherein it was observed that the cause of death would be given after the Chemical Examiner's report. No external injury was seen on the body. On dissection of the body, left 4th, 5th and 6th ribs were found fractured with corresponding laceration of left lung and heamothorax. On dissection of abdomen spleen was found ruptured with massive heam qperitoneum. In the column against information furnished by the police in the Post Mortem Report Ex. PW4/8, the doctor's note reads as under,

(3.) On completion of investigation, report under Section 173 Cr.P.C. was presented against the appellant. Prosecution examined 18 witnesses to prove its case against the accused. Accused while denying incriminating evidence put to him pleaded false implication and innocence in his statement under Section 313 Cr.P.C. Learned trial Court on consideration of the entire facts and circumstances concluded that the prosecution had failed to prove its case against the accused beyond reasonable doubt thereby acquitting the respondent of the charge framed against him. Aggrieved therefrom present appeal has been preferred.