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2013 DIGILAW 1690 (PNJ)

Ravinder Kaur v. State of Punjab

2013-12-16

INDERJIT SINGH, M.JEYAPAUL

body2013
JUDGMENT Mr. M. Jeyapaul, J.:- Crl.M. No.39057 of 2013 The application stands allowed. Annexures A-1 to A-3 are permitted to be placed on record. Crl.A. No.766-DB of 2013 2. The appeal has been preferred by the mother of the deceased aggrieved by the acquittal recorded by the trial Court qua accused Baljit Kaur, Bant Singh, Ramandeep Singh and Jaspreet Kaur. 3. We thoroughly scanned the entire evidence on record in the background of the submission made by learned counsel appearing for appellant Ravinder Kaur. 4. We find that there is virtually no evidence as against accused Baljit Kaur, Bant Singh, Ramandeep Singh and Jaspreet Kaur. The special investigation team which investigated the case had laid the charge-sheet as against these accused as well only based on hear-say materials. 5. Learned counsel appearing for the appellant would submit that PW1 Kamaljit Kaur made an attempt to contact deceased Onkar Singh @ Prince on 6.10.2008 at about 9.30 a.m. It was only accused Ramandeep Singh who attended the call and informed her that his mother accused Jaspreet Kaur had taken Onkar Singh @ Prince away. 6. We are afraid no conviction can be recorded as against accused Ramandeep Singh and Jaspreet Kaur based on the above evidence of PW1 Kamaljit Kaur. It is the admitted case of the prosecution that on 6.10.2008 at about 10.30 a.m., deceased Onkar Singh @ Prince had talked to PW1 informing her that he would come home during noon time. The above evidence of PW1 would disclose that neither Ramandeep Singh nor accused Jaspreet Kaur had caused any harm to deceased Onkar Singh @ Prince. Deceased Onkar Singh @ Prince also had not informed PW1 when he contacted her on 6.10.2008 at about 10.30 a.m. that he was under threat from those accused. Accused Ramandeep Singh had just informed PW1 Kamaljit Kaur as regards the whereabouts of Onkar Singh @ Prince. Accused Jaspreet Kaur who had taken Onkar Singh @ Prince alongwith her had also took him back safely. 7. In view the above, we find that the trial Court has rightly acquitted the above accused on the ground that there was no legal evidence available as against them. 8. In the result, the appeal fails and it stands dismissed in limine.