LAWS(RAJ)-2012-7-310

JASVEER KAUR Vs. STATE OF RAJ & ANR

Decided On July 09, 2012
Jasveer Kaur Appellant
V/S
State Of Raj And Anr Respondents

JUDGEMENT

(1.) The appellant, Smt. Jasveer Kaur, has challenged the judgment, dated 1.07.2011, passed by Additional Sessions Judge (Fast Track) No.1, Hanumangarh, whereby the learned Judge has acquitted respondent No.2, Nakshatra Singh, of offences under FloatingFrame FloatingFrame2 Sections 302, 201 IPC.

(2.) In a nutshell, the facts of the case are that on 15.10.2009, the appellant had lodged a computerized report (Ex.P/13) before the SHO, Police Station, Sadar, Hanumangarh, wherein she had claimed that she is the mother of two daughters, namely Chindra Kaur (P.W.9) and Pummy @ Paramjeet Kaur (P.W.17) and of a boy, Baljindar Singh. All her children are married. About fifteen to sixteen years ago, her son, Baljindar Singh, was married to Karamjeet Kaur. He has two children, namely Amandeep Singh, aged about nine years, and Ramandeep Kaur, aged about eleven years. However, as her son tends to drink and tends to badly treat his wife, her son and her daughter-in-law do not get along very well. Since their relationships is not good, her son and his in-laws do not get along well. She further claimed that about ten to twelve days ago, her daughter-in-law had gone, along with her children, to her parental place. She has not returned ever since then. About four days ago, in order to bring back his family, her son borrowed a motorcycle from their neighbour, Kulwant Singh and went to his in-law's place. However, he has not returned ever since then. Therefore, she searched for her son amongst her relatives.

(3.) Today, she was informed that a dead body of a young man3 has been discovered in a canal near Hanumangarh. She, along with both of her daughters, went to the mortuary at the Government Hospital Hanumangarh. She identified the dead body as that of her son, Baljindar Singh. Her son had suffered injuries on his head, mouth, stomach, and hands. The dead body was stinking. According to her, her son was killed by respondent No.2, Nakshatra Singh. In order to ensure that evidence of the alleged murder disappears, Nakshatra Singh had thrown the body into the canal. On the basis of this report, a formal FIR, FIR No.303/2009 (Ex.P/14), was chalked out for offences under Sections 302 and 201 IPC. Subsequently, the police filed a chargesheet against the accused-respondent, Nakshatra Singh, for the aforementioned offences.