IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Appeal No. 557-DBA of 2001 Dated of Decision:- May 25 , 2009 State of Punjab ....APPELLANT VERSUS Jagdish Kaur and others ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Sh. Rajesh Bhardwaj, Addl. Advocate General, Punjab. Sh. Vijay Kumar Garg, Advocate for the respondents. ------ MEHTAB S.GILL, J. This is an appeal against the judgment dated 8.9.2000 of the learned Sessions Judge, Roopnagar, whereby he acquitted Jagdish Kaur wife of Paramjit Singh, Jasmer Kaur wife of Gurnam Singh and Gurpal Singh son of Babu Singh of the charges framed against them under Sections 302/120-B/34 IPC. The case of the prosecution is that on 9.10.1997 complainant Bawa Singh and his brother Harnek Singh were present in their house. Devinder Kumar, who is running a S.T.D. in the village, came to their 2 Criminal Appeal No. 557-DBA of 2001 house and told them that Jasmer Kaur from Mohali had telephoned and that she wanted to talk to him. Harnek Singh accompanied Devinder Kumar to his S.T.D. He talked to Jasmer Kaur and came back to the house and told his brother Bawa Singh PW9, that Jasmer Kaur had called him to her house in Phase-X, Mohali. Thereafter Harnek Singh left on his scooter No.CHR-9111 towards Mohali and did not return thereafter. Jasmer Kaur was contacted by Bawa Singh PW9, but she did not give any satisfactory answer. On 10.10.1997, Bawa Singh PW9 went to Police Station, Sohana, to inform the police, but they asked him to wait for 2-3 days. On 13.10.1997, a dead body wrapped in a woolen shawl was recovered in a gunny bag. Bawa Singh identified the dead body to be that of his brother Harnek Singh. On the statement Ex.PM of Bawa Singh PW9, FIR Ex.PM/2 was recorded at 6.15 p.m. on 13.10.1997. Special report reached the Ilaqa Magistrate on 7.45 p.m. on 13.10.1997. The prosecution to prove its case brought into the witness box, Dr. Andesh PW1, HC Sarup Singh PW2, Bhupinder Singh Constable PW3, Constable Jaswant Singh PW4, Gian Chand Draftsman PW5, Devinder Kumar PW6, Paramjit Singh Patwari PW7, Pritam Singh PW8, Bawa Singh PW9, Naib Singh PW10, Gurdev Singh PW11, Jasbir Singh PW12, Constable Rajinder Singh PW13, SI Gurdev Singh PW14, HC Manjinder Singh PW15, SI Tarlochan Singh PW16, Kamaljit singh PW17 and DSP Surjit Singh PW18. Tara Singh Saini DW1 produced copy of Crl. Misc. No.21413-M of 1997, Ex.DA, in defence. We have heard the learned counsel for the parties and perused the impugned judgment and record with their assistance. 3 Criminal Appeal No. 557-DBA of 2001 There is delay of 4 days in lodging of the FIR, which has not been explained by the prosecution. Jasmer Kaur respondent/accused allegedly called Harnek Singh to her house, but what prevented Bawa Singh PW9 from reporting the matter to the police immediately has not been explained by him in his evidence. The last seen evidence as propounded Jasbir Singh PW12 does find any corroboration. He has stated that on 9.10.1997, at about 9 p.m., he saw Jagdish Kaur, Jasmer Kaur, Gurpal Singh and Harnek Singh in the house of Jasmer Kaur. They were talking about the elections. An altercation had taken place between Jasmer Kaur and Harnek Singh. Jasmer Kaur told deceased Harnek Singh, that he was creating obstacles in her way to fight the election of MLA and he was also defaming her. In cross-examination, this witness has stated that, he stayed in the house of Jasmer Kaur for about 20 minutes, but no scuffle took place between them. He has further stated, that deceased Harnek Singh had good relations with the respondent/accused. The finger-prints lifted of Jasmer Kaur from the bottle lying in the bath-room, which were sent to the Finger Print Bureau, Phillaur, did not match with her (Jasmer Kaur’s) finger-prints vide its report Ex.PJJ. The finger-prints were smudged and were unfit for comparison. Learned counsel for the respondents has rightly argued, that when Jasmer Kaur and deceased Harnek Singh were not on good terms, there was no reason for him to go to her house. Bawa Singh PW9 also knew, that both Jasmer Kaur and deceased Harnek Singh did not have good relations. 4 Criminal Appeal No. 557-DBA of 2001 We do not find any infirmity in the judgment of the learned trial Court. Appeal is dismissed. (MEHTAB S.GILL) JUDGE (DAYA CHAUDHARY) May 25, 2009 JUDGE SKArora WHETHER TO BE REFERRED TO REPORTER? YES/NO