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5. Apart from that, it is being contended that complainant who appeared as PW-1 has also not supported the case of prosecution. Though prosecution and its report has state that PW-2 Sarabjit Kaur-the mother of the deceased has supported the prosecution version. Testimony of Sarabjit Kaur has been placed on record by counsel for the petitioner as Annexure P-4.
The same reads as under:-

5 of 11 Neutral Citation No:=2024:PHHC:010383 2024:PHHC:010383 "1. Stated that I am resident of above said address and a household lady. I am having 3 children, two daughters and one son, namely, Amritpal Singh alias Arsh (since deceased), Amritpal Singh alias Arsh was studying in 6 class in 2020. On 16.07.2020, it was Sankranti. At about 09:00 A.M. my son Amrital Singh went to fake Langar at bridge canal of our village. We kept on waiting for him 04:00 PM. but Amritpal Singh, did not return During this period at about 02:00 P.M. I received a telephonic call from Gursahib Singh on the mobile phone number mentioned above, and at that time Gursahib Singh inquired from me if Arsh had come home and I told him that Amritpal Singh alias Arsh has not returned so far. Thereafter, my husband went to the fields with the mobile phone. At about 03:00 P.M. I called the mobile phone of my husband from the mobile phone of my neighbour and expressed my, anxiety at the non-retum of Amritpal Singh alias Arsh. Then, my husband returned to the house and we started looking around for our son, contrail

2. At about 06:30 P.M. we got an announcement made in the village Gurudwara about the missing of Amritpal Singh alias Arsh, but we did not get any response. Thereafter, Gursahib Singh came to our house and accompanied us to look for Amritpal Singh alias Arsh. On the next day Gursahib singh took us to Bir Baba Budha Sahib, Gurudwara to Jok for Amritpal Singh alias Arsh but we did not find any clue about the whereabouts of my son. We returned back late in the evening and next day morning inquired about my son from our relatives.

3. Finally, on 18.07.2020, I and my husband went to police station and made complaint to police about missing of our Amritpal Singh alias Arsh. My husband got recorded his statement to police, Ex.P1, on which I identify the signatures of my husband. On the fourth day 6 of 11 Neutral Citation No:=2024:PHHC:010383 2024:PHHC:010383 i.e. on the next day after lodging the FIR, we received information from Gursahib Singh that he has seen a dead body in the minor canal and we immediately rushed there. However, Gursahib Singh stopped us from seeing the dead body, and represented that the dead body is not of Amritpal Singh alias Arsh. The Police thereafter brought the said dead body to Civil Hospital, Tarn Taran and next day called us to the Hospital for identification of the dead body. On reaching the Hospital we identified the dead body vide memo Ex. P2, as that of Amritpal Singh alias Arsh.

The witness was confronted to statement mark D2 where these facts in verbatim were not mentioned.

9. I got mentioned in statement mark D2 that "My husband had went to the fields with our mobile phone".

The attention of the witness is drawn towards statement mark D2, where it is not so recorded.

10. I got mentioned in statement mark D2 that "At about 03:00P.M. I called the mobile phone of my husband from the mobile phone of my neighbor and 8 of 11 Neutral Citation No:=2024:PHHC:010383 2024:PHHC:010383 expressed my anxiety at the non-return of Amritpal Singh alias Arsh. Then, my husband returned to the house and we started looking around for our son" or that "At about 06:30 P.M. we got an announcement made in the village Gurdwara about the missing of Amritpal Singh alias Arsh, but we did not get any response. Thereafter, Gursahib Singh came to our house and accompanied us to look for Amritpal Singh alias Arsh. On the next day Gursahib singh took us to Bir Baba Budha Sahib, Gurudwara to look for Amritpal Singh alias Arsh but we did not find any clue about the whereabouts of my son. We returned back late in the evening and next day morning inquired about my son from our relatives".