Document Fragment View

Matching Fragments

According to Sh. APS Deol, Senior Advocate, learned counsel for the appellants in CRA No.650-SB of 2004 and for the complainant in CRA No. 205-DB of 2004 Harpal Singh was murdered and case FIR No.69 dated 7.8.1996 was registered at Police Station Kotwali, Faridkot. Be that as it may, Mukhtiar Singh (PW-2) has since died. In any case, the case against Jaswinder Singh alias Meeka (appellant in CRA No.205-DB of 2004 and in CRA No.476-SB of 2004) is not made out as the revolver that is stated to have been used in the occurrence is not established to be used and in any case it has not even been established to be in working condition or that it was fired by any FSL report.

CRA No.476-SB of 2004 and CRA No.650-SB of 2004 Insofar as CRA No.650-SB of 2004 filed by Mukhtiar Singh son of Mohan Singh and Virsa Singh son of Bohar Singh is concerned, it may be noticed that Mukhtiar Singh (appellant) who is the complainant (PW-2) in the appeal of Jaswinder Singh has died. Sh. APS Deol, Senior Advocate, as already noticed, has submitted that he has died. Sh. Navkiran Singh, Advocate appearing for Jaswinder Singh alias Meeka has also accepts that he has died. The appeal i.e. CRA No.650-SB of 2004 filed by Mukhtiar Singh and Virsa Singh is against the order dated 10.2.2004 passed by the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot. The same as already noticed has been filed on the complaint of Resham Kaur who was injured in the incident that had occurred on 3.2.1995. In terms of said order, Harbans Singh and Darshan Singh sons of Mohan Singh co-accused were acquitted. However, Mukhtiar Singh and Virsa Singh have been held guilty for the offences under Sections 307/34 IPC. As per the allegations of Resham Kaur, it is accused Mukhtiar Singh who had fired a shot at her husband Harpal Singh and when she had come forward to save him, the fired shot hit her. Her husband Harpal Singh took shelter behind the pillar. Resham Kaur received injuries on her breast, throat, head, right arm, right hand and left shoulder etc. Harpal Singh, it is alleged, by taking shelter against the pillar fired from his rifle in self-defence. Resham Kaur in order to prove the case examined herself as PW-1, besides, she examined Karnail Singh PW-2, elder brother of her husband as also Subash Chander PW-3, ASI Gurdip Singh PW-4, Waryam Singh ASI, PW-5, Manoj Kumar, Record Keeper PW-6, Dr. Manish Bansal of DMC, Ludhiana PW-7, Gagandeep 2014.02.10 12:02 PW-8 and Dr. Mrs. Rekha Goel PW-9. The accused in their statement CRA No.476-SB of 2004 and CRA No.650-SB of 2004 denied the prosecution case. It was stated that after investigation of the case, they were held innocent. Besides, real brother of the injured was a Steno in the office of the Principal Guru Gobind Singh Medical College, Faridkot and the injured (Resham Kaur) reached first of all her parental village was Koharwala from where she took her cousin brother with her who was then a Co-operative Inspector.