MAMTA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM No. 1880 of 2019 : Present application has been filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C. for condonation of delay of 89 days in filing the appeal.

(2.) Factual matrix of the case of the prosecution are that PW-1 (Rajesh Kumar) made a statement on 03.06.2016 before Inspector Paramjit Singh to the effect that his brother Anil Kumar @ Billa aged about 49 years (now deceased) was dealing with the business of garments under the name and style of Pal Garments Showroom and Factory. His brother was on regular visit to Hotel 'Ramada Gym' daily at about 8.00 A.M. On the date of fate, his brother as a routine left his residence at about 8.00 A.M. by travelling in his Fortuner car bearing Regn. No. PB-08-BW-8006 towards hotel 'Ramada Gym'. However, at about 11.30 A.M., somebody informed his father that Anil Kumar alias Billa had murdered by firing gunshot and as a result of receiving this information, they reached the Civil Hospital (Emergency Ward), whereby the dead body of his brother was found. Some unknown persons had murdered his brother by firing gunshot. On the basis of this statement, an F.I.R. Ex. PA/2, was registered. Investigation was commenced. During investigation, vehicle of the deceased make Fortuner, alongwith necessary documents of the vehicle and pallets of the bullet were taken into police custody by recovery memo Ex. PW7/B. The body of the deceased was sent for post-mortem examination and the bullet recovered from the body of the deceased was also taken into police custody. On 02.07.2016, accused-Varinder Singh Rajan son of late Surinder Singh was arrested and during interrogation, accused/respondent got effected the recovery of 17 live cartridges available in the Almirah of his residential house and one I-phone make Apple was also taken into police custody. The statement of the witnesses were recorded by the Investigating Officer.

(3.) We have heard learned counsel for the applicant-appellant and have also gone through the paper-book very carefully with his assistance.