RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the complaint of one Ramesh Kumar son of Gurdas Mall, an FIR under Ss. 302, 201, 511, 120-B, 34 IPC was registered at Police Station Sadar Ferozepur, District Ferozepur on account of the murder of Jaswant Rai @ Vicky (son of the complainant). Seven persons were named as accused out of whom Ashok Kumar @ Shoki son of Ram Chand was convicted. Harpreet Singh @ Rinku Suniara son of Rachhpal Singh died during the pendency of the trial, Rajesh Kumar @ Kakka was declared proclaimed offender and the remaining four were acquitted. Thus, the present application for leave to appeal has been filed by the complainant.

(2.) According to the case of the prosecution, on 30/8/2015, Rajesh Kumar @ Kakka, Rinku Suniara and Ashok Kumar @ Shoki came to the house of the complainant at about 1.00 p.m. and took his son Jaswant Rai @ Vicky along with them. His son did not return till 6.30 p.m. and the complainant tried to contact him on his mobile phone but the same was switched off. He searched for his son throughout the night but could not find him. On reaching near Railway Station, Ferozepur Cantt., the complainant, his other son Gaurav and Bablu (son of sister-in-law) came to know that the deceased had been seen near Dharamshala opposite Railway Station, Ferozepur Cantt. They went inside the Dharamshala and near room no.18 observed foul smell. On peeping inside through the ventilator, they spotted the bloodstained dead body of deceased Jaswant Rai @ Vicky.

(3.) On 12/9/2015, accused Avi Kumar @ Sonu son of Satish Kumar, Sukhdev Singh @ Debu son of Jana, Rohit @ Kaka @ Chiri son of Rajiv Kumar, Khem Chand @ Johri son of Moti Ram (respondents No.2 to 5) were arrested. On 26/9/2015, Ashok Kumar @ Shoki was arrested. However, Rajesh Kumar @ Kakka could not be arrested and was declared proclaimed offender whereas Rinku Suniara died during the pendency of the trial.