RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners had faced the trial qua commission of offence punishable under Ss. 452, 365, 323, 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 81 dtd. 30/5/2002, registered at Police Station Qila Lal Singh. Trial Court vide judgment/order dtd. 24/5/2010 ordered the conviction and sentence of the petitioners under Ss. 452, 365, 323 read with Sec. 34 IPC. Aggrieved against the said judgment/order of their conviction and sentence, petitioners preferred an appeal which was dismissed by the Appellate Court vide judgment dtd. 18/11/2014. Hence, the present petition by the petitioners.

(2.) Prosecution story, in brief, is that on 30/5/2002, complainant Kuljit Singh got recorded his statement with the police that he is permanent resident of village Said Pur Kalan and earlier he was a truck driver in Mumbai where he was residing with his cousin Gurmej Singh. He developed relations with neighbourer Palwinder Kaur and performed marriage with her in April, 2002 against the wishes of the family of Palwinder Kaur. Thereafter they shifted to village Said Pur Kalan in April, 2002. It was alleged that in the preceding night, at about 3.00 A.M., father of Palwinder Kaur namely Harbans Singh (accused-petitioner) along with other accused-petitioners entered into his house. Accused-petitioners Harbans Singh and Gurbachan Singh were empty handed while accused Hardeep Singh was having a Kirpan and accused Ranjit Singh was having a datar. It was further alleged that they forcibly took away Palwinder Kaur and when he tried to save her, Gurbachan Singh caught him from his hair and raised lalkara to kill him. Hardeep Singh gave a blow form the reverse side of Kirpan on the left thumb of the complainant and Ranjit Singh gave blow from the reverse side of datar on the head of the complainant. Palwinder Kaur raised alarm upon which brother of the complainant namely Hardeep Singh and mother Balwinder Kaur came at the spot and rescued the complainant from the clutches of the accused but the accused forcibly took away Palwinder Kaur in their Tata Sumo vehicle. The reason behind the occurrence is that Palwinder Kaur had solemnized marriage with the complainant against the wishes of her family members. Hardeep Singh- brother of the complainant got admitted the complainant in the hospital. On the basis of the statement, suffered by the complainant and the medical record, FIR in question was registered. Palwinder Kaur was recovered and her statement under Sec. 164 Cr.P.C. was recorded.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioner. Charge was framed against the petitioners under Ss. 452, 365, 506, 323, 34 IPC to which they pleaded not guilty and claimed trial. In order to prove its case, prosecution examined 06 witnesses during trial. In the statement recorded under Sec. 313 Cr.P.C., the petitioners/accused denied the prosecution case and abjured the trial and pleaded false implication. No witness was examined by the accused in their defence. The trial Court vide judgement and order dtd. 24/5/2010, convicted and sentenced the petitioners as under:-