SURJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Accused Gurmail Singh faced trial by learned Additional Sessions Judge, Bathinda for offence under Section 306 IPC and vide judgment dated 7.7.2014, he was acquitted of the charge framed against him.

(2.) Briefly stated, facts of the case are that the FIR in question was lodged by complainant - Surjit Singh, Ex.Subedar by making statement before ASI Sandhura Singh on 14.9.2012 when he was heading a police party present near Church in the area of Police Station Sadar, Bathinda in connection with patrolling and at that time complainant was being accompanied by Amritpal Singh. In such statement got recorded with ASI Sandhura Singh, the complainant stated that he had retired as Subedar from Indian Army about 20 years earlier; that he had two sons and one daughter all are married; that his son Tejinder Pal Singh had studied up to 10+2 and was diploma holder in Fire Safety; that Tejinder Pal Singh was married with Gurjit Kaur daughter of Shamsher Singh, resident of Kachar Bhan (Ferozepur) about 6 years earlier and the couple had two children i.e. one son and one daughter; that about 2-3 years back, Tejinder Pal Singh fell into bad company and started taking intoxicants, however, on being persuaded by his family members, he stopped doing so about two months back; that about 10 days previously, Gurmail Singh Khalsa met his son Tejinder Pal Singh and questioned him about Surjit Singh (complainant), father of Tejinder Pal Singh (deceased) having illicit relations with Gurjit Kaur wife of Tejinder Pal Singh stating that if he wanted to save her honour, he should murder his father Surjit Singh with bricks and then he (Gurmail Singh Khalsa) would save him; that the deceased Tejinder Pal Singh disclosed all those facts to the complainant in presence of the whole family. According to the complainant Gurmail Singh Khalsa used to give money to Tejinder Pal Singh for taking intoxicants and about a week back, he had made an announcement in the Gurudwara situated in Basti No.4 that Surjit Singh Jathedar (the complainant) had illicit relations with his daughter-in-law Gurjit Kaur and Surjit Singh was a man of bad character and further Tejinder Pal Singh was not taking any steps to save the honour of his wife Gurjit Kaur from his father and they should not keep any relations with Surjit Singh and his family; the villagers heard the said announcement; that the complainant called respectables of the village and Gurmail Singh Khalsa was also summoned there where Gurmail Singh Khalsa again said the same words to Tejinder Pal Singh; Amritpal Singh, Panch of Basti No.5, Beer Talab and Gura Singh son of Sarup Singh, resident of Basti No.4 witnessed such incident; resultantly Tejinder Pal Singh started remaining under mental tension and on 14.9.2012 when the complainant and his wife returned to their home, they found that their son Tejinder Pal Singh had committed suicide by hanging himself with the ceiling fan; the complainant and his wife cut the piece of cloth with knife and dead body of Tejinder Pal Singh was brought down but he had died by that time. According to the complainant Tejinder Pal Singh had committed suicide due to false rumours spread by Gurmail Singh Khalsa regarding illicit relations of the complainant with his daughter-in-law i.e. wife of Tejinder Pal Singh deceased.

(3.) The Investigating officer put his endorsement on such statement of complainant Surjit Singh and sent ruqa to the police station, on the basis of which formal FIR was registered. The matter was investigated. Accused was arrested in this case. After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court.