CRR No.1855 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.1855 of 2003 Date of decision: 14.01.2011 Jasbir Singh ....Petitioner Versus Joginder Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - None. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) On the last dates i.e. 17.1.2007, 18.4.2007, 7.8.2007, 8.10.2007 and 26.10.2010 none has appeared for the revisionists. Even today none is present for the revisionist. Present petition is filed challenging the order of acquittal passed by the learned Trial Court dated 30.4.2003. Case of the prosecution is that on 26.6.2000 at about 5.00 p.m., Budh Singh, complainant alongwith his son Dalhit Singh alias Ladha, Jasbir Singh son of Gurbax Singh and Harwinder Singh alias Baoo son of Manak Singh, resident of village Vashoa, who was friend of his son Daljit Singh alieas Ladha went to sprang fertilizer in their fields. In the meantime, Joginder Singh, Ravail Singh and Gurmej Singh son of Kesar Singh armed with Kirpans, Harcharan Singh alias Sahbi son of Kuldip Singh armed with gandasi, Mohinderpal Singh son of Ravail CRR No.1855 of 2003 -2- Singh armed with datar, Jagtar Singh son of Gurmej Singh armed with gandasi and Parget Singh son of Gurmej Singh armed with gandasi came towards the tubewell of Budh Singh. Joginder Singh, Ravail Singh and Gurmej Singh raised lalkara that they be caught hold of and taught a lesson for demolishing khal (water course) and be killed. In order to save themselves Budh Singh and Jasbir Singh started running towards one side and Daljit Singh alias Ladha and his friend Harvinder Singh started running towards the other side. All the accused started chasing Daljit Singh alias Ladha and Harwinder Singh. Daljit Singh alias Ladha and Harwinder Singh reached in the fields of Dara Singh son of Swaran Singh which was at a distance of 1 ½/2 kms from the land of Budh Singh then Daljit Singh @ Ladha, became out of breath and fell down due to fear of the accused. Harvinder Singh called Budh Singh and Jasbir Singh and told them that Daljit Singh alias Ladha Singh had died. The accused persons upon hearing this and after seeing Daljit Singh alias Ladha Singh lying dead went back with their respective weapons. Budh Singh and Jasbir Singh went near Daljit Singh alias Ladha but he had already died. All the accused while armed with weapons had chased them with intention to kill and due this his son Daljit Singh alias Ladha had died. Motive of commission of offence was that Joginder Singh etc., wanted to irrigate their land by forcibly carving out a khal (water course) through the land of Jasbir Singh and they used to stop them. Budh Singh left Jasbir Singh and Harwinder Singh near the dead body and he was going to lodge a report with the police where he met Inspector Gian Singh near Railway Crossing and he got his above noted statement Ex.PA recorded with the Inspector Gian Singh which was CRR No.1855 of 2003 -3- readover and explained to him and he signed the same in token of its correctness which was attested by Inspector Gian Singh. Inspector Gian Singh, P.S. Majitha made endorsement upon his statement Ex.PA/2 on the basis of which the present case was registered against the accused vide FIR Ex.PA/3 bearing No.119 dated 25.6.2000, under Sections 302/148/149 IPC. Post-mortem on the dead body of Daljit Singh alias Ladha was got conducted, viscera was sent to the office of Chemical Examiner. Spot inspection was conducted, inquest report was prepared, accused were arrested in his case. The weapons of offence were recovered, statement of the witnesses were recorded and after completion of investigation and other necessary formalities, challan against the accused was presented in the court of learned Illaqa Magistrate for commission of offence under Sections 304/148 IPC. From the prosecution side, eight witnesses were examined and from the defence side one witness i.e. Sarpanch of the village was examined. Learned Sessions Judge having discussed entire evidence has observed that it has come in the prosecution evidence that accused Joginder Singh and accused Ravail Singh are more than 70 years of age and accused Ravail Singh is also handicapped and is unable to walk properly. Accused Gurmej Singh is also more than 65 years of age and this fact has also been admitted by PW7 ASI Ajit Singh. All the three accused namely Joginder Singh, Ravail Singh and Gurmej Singh who are more than 70 years or more than 65 years of age could not chase Daljit Singh alias Ladha who was about 21 years of age and was having good health. It is a matter of common knowledge that any person who is aged about 70 years cannot run on the same speed on which a young CRR No.1855 of 2003 -4- person of 21 years of age can run. It has been admitted by PW8 Inspector Gian Singh that Katcha Nala (drain) is about 10/12 feet wide and 6/7 feet deep so it does not appeal to the logic that three accused namely Joginder Singh, Ravail Singh Gurmej Singh, who were more than 70/65 years of age could cross that Katch Nala (drain) while chasing Daljit Singh @ Ladha and Harwinder Singh. PW1 Budh Singh and PW5 Jasbir Singh did not see Daljit Singh alias Ladha while falling rather before their reaching to the spot Daljit Singh @ Ladha had already died so both these witnesses could not prove the matter and circumstances under which Daljit Singh alias Ladha had died. Keeping in view the extreme old age of three accused namely Joginder Singh, Ravail Singh and Gurmej Singh, it is difficult to hold that all the three accused chased Daljit Singh alias Ladha to this extent that he became totally exhausted and out of breath which resulted into his death so it becomes doubtful as to whether Daljit Singh alias Ladha had died at the time, place and manner as alleged in the prosecution version and accordingly has acquitted the accused vide impugned order. Undisputedly, age of accused Joginder Singh and Ravail Singh was about 70 years. Accused Ravail Singh is also physically handicapped and unable to walk without any support. Accused Gurmej Singh was also about 65 years of age on the date of occurrence. Deceased Daljit Singh @ Ladha was young boy of 21 years. From every angle it seems highly improbable that all three old accused (one of them is physically handicapped) would have chased the young boy of 21 years for about 2 km., till he fell down and died. In the facts and circumstances of the case, I have no doubt in my mind to hold that CRR No.1855 of 2003 -5- present case is of malicious prosecution. This Court fails to understand under what circumstances investigating agency has filed chargesheet against three old men out of them one is physically handicapped and unable to walk without support. Entire story set up by complainant and prosecution is not highly improbable but on the face of it is false and incorrect. This Court cannot remain silent spectator in such type of malicious prosecution. Learned Magistrate or Session Court must be vigilant at the time of taking cognizance on the report of the police or at least at the time of framing the charges. If, story set up by the prosecution/complainant does not inspire confidence and at the face of it seems to be highly improbable learned Court either should refuse to take the cognizance or discharge the accused. No person should be asked to face criminal trial without any prima face case against him simply because police has filed challan. False and frivolous accusation is not uncommon now-a-days. In the peculiar facts and circumstances of the present case, in the opinion of this Court accused must be compensated for false and malicious prosecution. Criminal case remained pending for almost three years in the Court of Sessions Judge and thereafter pending before this Court since 2003. In the facts and circumstances of the case, I direct dismissal of present revision with the direction to the complainant and State to pay Rs.50,000/- 50,000/- to each accused or their LRs to compensate them for facing malicious and fake criminal case and for facing humiliation in the society. It is, however, made clear that State shall be at liberty to recover the amount from the Investigating Officer after holding due inquiry in accordance with law. Dismissed with above direction. CRR No.1855 of 2003 -6- Copy of this order be forwarded to Home Secretary, State of Punjab, C.J.M. Amritsar and Deputy Commissioner, Amritsar, to ensure compliance within 90 days and to file compliance report before this Court. (Alok Singh) Judge January 14, 2011 R.S.