RAJWANT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner who is the wife of accused Jaspal Singh has filed this petition under Section 482 Cr.P.C. for issuing appropriate direction for constituting a Special Investigation Team (SIT) and for re-investigation of the FIR No. 136 dated 20.08.2014 registered at Police Station Mehatpur, District Jalandhar under Sections 302, 34 IPC by it. Certain facts relating to the present controversy are narrated below:-

(2.) Accused Jaspal Singh (husband of the petitioner) and his uncles namely Gurtej Singh, Balwinder Singh and Nirwail Singh sons of Mangal Singh have been involved in a dispute regarding partition of ancestral property. According to Jaspal Singh, his father was the owner of certain land inherited from Mangal Singh (grand father of Jaspal Singh). His uncles disputed the ownership of father of Jaspal Singh but ultimately settlement was reached. According to this family settlement, father of the plaintiff retained the land in dispute and after his death Jaspal Singh came in possession. However, there was still heart burning between the parties which resulted in a civil suit for injunction filed by Jaspal Singh against his uncles. Vide order dated 03.01.2014, the civil Court directed maintenance of status quo. Thereafter, the uncles of Jaspal Singh alongwith respondent No. 5 (Power of Attorney holder) of the uncles trespassed into the land of Jaspal Singh and entered the dwelling area of one Jasbir Kaur (widowed domestic help of Jaspal Singh) and molested her. Said Jasbir Kaur complained to the local police on 17.04.2014 but no action was taken. On 24.6.2014, a reminder was sent to the Senior Superintendent of Police, Jalandhar but still no action was taken. Jasbir Kaur ultimately filed a complaint before the Punjab State Human Rights Commission, which took cognizance of the matter. Thus, it is the case of the petitioner that the uncles of Jaspal Singh nursed a grudge against him. They are residing abroad and respondent No. 5 is their Power of Attorney Holder. Jaspal Singh belongs to Congress Party whereas his uncles and respondent No. 5 are members of Shrimoni Akali Dal and the same is the another cause of the strife between them.

(3.) Now I revert to the facts of the present FIR i.e. FIR No. 136 dated 20.08.2014. The said FIR came to be registered on the statement of one Sarwan Singh son of Karan Singh who stated that his son Daljit Singh had taken ten fields of agricultural land on rent from Jaspal Singh. Out of the payment to be made, 50% was paid in advance and the balance 50% amount of Rs. 1,40,000/- was to be paid after the crop of paddy was harvested. Thereafter, on receipt of instructions from Jaspal Singh son of Sukhwinder Singh, Daljit Singh lent Rs. 1,40,000/- to one Jagroop Lal @ Ruppi son of Lal Chand. Then, Jaspal Singh started demanding the balance amount of rent from Daljit Singh under the threat that if the same was not paid he would not be permitted to harvest the crop. Consequently, Daljit Singh demanded return of Rs. 1,40,000/- lent to Jagroop Lal. But whenever such a demand was raised, Jaspal Singh used to threaten him. In the evening of 18.08.2014, Daljit Singh went towards the fields after having his meals. He did not return for a long time and, therefore, Sarwan Singh went looking for him alongwith Lakhvir Singh son of Santa Sigh (cousin of Sarwan Singh). They were carrying torch-lights and after some time they noticed that Jaspal Singh and Jagroop Lal were beating up Daljit Singh. On spotting Sarwan Singh and Lakhvir Singh these persons fled from the spot leaving Daljit Singh in a severely injured condition. Thus, they brought him home and in the morning an Ambulance was called because his condition was deteriorating and he was taken to Civil Hospital, Nakodar. First aid was administered at Civil Hospital, Nakodar and then Daljit Singh was referred to Civil Hospital, Jalandhar. In the night intervening 19/20.08.2014, Daljit Singh died leading to registration of the FIR. On the same day a supplementary statement of Lakhvir Singh was recorded according to which Rajwinder Singh @ Raju and Lovepreet Singh @ Preeta both sons of Jasbir Kaur aforementioned were stated to be the persons beating Daljit Singh alongwith Jaspal Singh. Jagroop Lal was exonerated in the said statement and the error was attributed to the dim torch-light and old age of witness. Subsequently, Sarwan Singh also got a supplementary statement recorded on 208.2014 in line with the supplementary statement of Lakhvir Singh.