Criminal Appeal No. 107-DBA of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 107-DBA of 2002 Date of decision: 26th of May, 2011 State of Punjab ....Appellant Vs. Jit Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr.H.S. Brar, Addl. A.G., Punjab, for the appellant. Mr. A.P.S.Shergil, Advocate, and Mr. Chandar Deep Singh, Advocate, for the respondents. HEMANT GUPTA, J.(ORAL) The State is in appeal aggrieved against the judgment passed by the learned trial Court on 22.02.2001, whereby the accused- respondents were granted benefit of doubt and acquitted of the offences under Sections 326, 325, 324, 148 and 149 IPC. As per prosecution case, one Bawa Singh suffered grievous injuries at the hands of the respondents on 06.12.1997 at 2.30 P.M. in his fields. As per prosecution case, at that time, his wife Manjit Kaur and daughter Charanjit Kaur were with him. The FIR on the basis of statement of Manjit Kaur was recorded on 09.12.1997 at 7.00 P.M. As per the prosecution case, Manjit Kaur was visiting her relatives and therefore, could not lodge the report earlier and that Bawa Singh, who had received injuries, was not fit to make statement. Though, as per the prosecution case, Bawa Singh is said to Criminal Appeal No. 107-DBA of 2002 2 be accompanied by his wife and daughter, but the FIR in respect of the injuries suffered by him on 06.12.1997 at 2.30 P.M., has been lodged at 7.00 P.M. on 09.12.1997. It is unbelievable that Manjit Kaur, could remain away from her husband in the event of receiving grievous injuries at the hands of the accused on 06.12.1997. Even if, Manjit Kaur was away, the prosecution process could be initiated by Charanjit Kaur daughter of Bawa Singh. The delay in lodging of the FIR and the fact that the close relations are cited as witnesses, is sufficient to doubt the prosecution story. It has also come on record that Bawa Singh was got admitted in hospital by Balwinder Singh and Manjit Kaur while appearing as PW-1 has deposed that she does not know who is Balwinder Singh. It has also come on record that PW-3 Charanjit Kaur is married in a different village and her presence at the time of occurrence is doubtful. In view of the above, we do not find any ground to interfere in the findings of acquittal, recorded by the learned trial Court. Dismissed. (HEMANT GUPTA) JUDGE (A.N. JINDAL) JUDGE 26.05.2011 ajp