AMARJIT SINGH Vs. JASVIR SINGH AND ORS

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment of acquittal dated 26.07.2011 passed by the Addl. Sessions Judge, Bathinda in case bearing FIR No.69 dated 25.06.2009 under Section 306 IPC, Police Station Sangat. Along with the appeal, an application under Section 378(4) Cr.P.C. for grant of leave to appeal has also been filed.

(2.) Prosecution case started with the allegations that on 24.06.2009, a wireless message was received at Police Station Sangat from Police Station Dabwali that Kamaljit Singh @ Bittu had died due to intake of some poisonous substance and his body was lying in Civil Hospital, Dabwali. The Investigating Officer went to the Civil Hospital, Dabwali for conducting proceedings, but no person was found and the statement could not be recorded. On 25.06.2009, ASI Sadhu Singh along with ASI Mukhtiar Singh and other police officials went to the Civil Hospital, Dabwali where the complainant Amarjit Singh was found present and he got recorded his statement to the effect that his brother Kamaljit Singh @ Bittu was married with Charanjit Kaur. About 2/3 months ago, when Kamaljit Singh @ Bittu went to his in-laws house to bring his wife back, then his two co-brothers (Saddu) along with other family members of his in-laws house gave beatings to him. Kamaljit Singh @ Bittu fled away from there and saved his life. They also gave threats that Kamaljit Singh @ Bittu would be killed. Kamaljit Singh @ Bittu disclosed the same to Ex-Sarpanch Kulwinder Singh and he also disclosed that they have given threats to him that he would be implicated in some false case and would be killed. Whenever Kulwant Singh @ Bittu went to his in-laws house, all the family members of his in-laws house used to threat him.

(3.) It was further alleged that on 24.06.2009, all the family members were to go Malerkotla to pay obeisance. Complainant, his father, his mother Balwant Kaur and his wife Kamaljit Kaur went to Bathinda. Kamaljit Singh @ Bittu was to fetch his wife and thereafter was to reach Bathinda directly, when Kamaljit Singh @ Bittu went to his in-laws house on his motorcycle. At about 12.53 p.m., he made a call from his mobile to his sister Gurmail Kaur wife of Jaspal Singh that both his co-brothers (Saddu) and other family members of his in-laws house were beating him and they would kill him. After some time, his nephew (sister's son) Deepak reached at the house of in-laws of Kamaljit Singh @ Bittu for handing over clothes to his brother and he saw that Nirmal Singh i.e. Saddu of his brother, Rajinder Singh another Saddu of his brother, Kulwant Kaur @ Bhuri mother-in-law of his brother, Boota Singh father-in-law of his brother, his wife Charanjit Kaur and Pappa Singh brother-in-law of his brother were beating Kulwant Singh @ Bittu and were forcibly putting something in his mouth. Deepak became frightened and he returned from them. Some more allegations were made in the context of illicit relationship of Charanjit Kaur with the husbands of her sisters.