SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) According to the prosecution, Pritam Singh was murdered by his son Sukhwinder Singh alias Binder Singh, the (petitioner herein) on 11. at about 9.00 p.m. and the same was witnessed by Puran Singh, Chowkidar of Village Handiya (Patti Killa). As per Puran Singh, Chowkidar, he reached near the house of Pritam Singh during the course of patrolling the village and he saw that Sukhwinder Singh was attacking his father with iron pipe. He gave blow with iron pipe on his head. It was second blow, Pritam Singh fell on the ground and died.

(3.) Learned counsel for the petitioner submits that the matter was reported to the police by Puran Singh on 22.10.1998 i.e. after lapse of 11 days. He further submits that even Puran Singh is not supporting the prosecution. He has sworn an affidavit before the Oath Commissioner, Barnala where he has stated that he never eye-witnessed the murder of Paritam Singh by his son Sukhwinder Singh alias Binder Singh on 11.10.1998. He further submits that another piece of evidence collected during the investigation is that Sukhwinder Singh made extra judicial confession before Nazar Singh regarding the murder of his father. He has also sworn an affidavit denying the making of such extra judicial confession by Sukhwinder Singh alias Binder Singh before him.