Kashmir Singh vs State of Punjab

Kuldip Singh, J.—This judgment will dispose of CRA No. D-945-DB of 2014, filed by Kashmir Singh (complainant) against the judgment and order dated 26.2.2014, passed by the learned Additional Sessions Judge, Ferozepur, vide which accused/respondents were acquitted of the charges framed against them under Sections 364, 427, 341, 323/34 IPC.

The prosecution story, in brief, is that on 2.3.2009, Kashmir Singh (complainant) had gone to village Hazara Singh Wala to meet his sister Sheelo Bai. At about 8:00 PM, he received a telephonic message from Gurnam Singh that he and Bagga Singh would reach the village by bus and that they should be picked up from Kille Wala turning point. On this, Kashmir Singh alongwith Sonu and two other boys went there on two motorcycles. After picking up Gurnam Singh and Bagga Singh, when at about 9:30 PM, they were returning to village and reached near Gurudwara ahead of Dera Sacha Sauda, a car came there and accused Kartar Singh, his sons, namely, Balwant Singh, Jaswant Singh and Kuldeep Singh alighted from that car. Complainant and others stopped their motorcycles. Son of Kartar Singh gave a dang blow on the motorcycle of Kashmir Singh, causing damage to the front portion of said motorcycle. Second son of Kartar Singh gave a dang blow, which landed on the left ankle of complainant. Thereafter, Kartar Singh and his sons took Kashmir Singh and his motorcycle to village Nawan Bareke, from where he was rescued by his brother-in-law Satnam Singh, who thereafter got him admitted in Civil Hospital, Ferozepur. The motive for the crime was a land dispute between Santam Singh and Kartar Singh.

After recording the statement of Kashmir Singh, SI Nirmal Singh made endorsement and sent the same to police station, on the basis of which, a formal FIR was registered against the accused. SI Nirmal Singh conducted the investigation of this case. He visited the spot, recorded statements of the witnesses and prepared rough site plan. The accused were arrested.

After completion of the investigation, challan was presented in Court against the accused.

Accused were chargesheeted by the learned Additional Sessions Judge, Ferozepur, under Sections 364, 427, 341, 323/34 IPC.

In support of its case, prosecution examined complainant Kashmir Singh (PW1), Inspector (Retired) Nirmal Singh (PW2), Dr. A.B. Singh, Medical Officer (PW3), Satnam Singh (PW4), Gurnam Singh (PW5), Mulakh Raj, Junior Assistant, DTO Office, Ferozepur (renumbered PW5), Makhan Singh (PW6) and then prosecution closed its evidence.

When examined u/s 313 Cr.P.C., accused pleaded their false implication due to political rivalry.

In defence, accused examined HC Mohinder Singh (DW1), Mukhtiar Singh (DW2) and Kartar Singh (DW3).

After hearing the learned Additional Public Prosecutor for the State and the learned defence counsel and going through the file, the learned Additional Sessions Judge, Ferozepur, acquitted the accused.

We have heard learned counsel for the appellant/complainant and have also carefully gone through the appeal file and the documents placed thereon.

In this case, as per the claim of the complainant himself, they were six persons, namely, Kashmir Singh, Sonu alongwith two other boys, who had gone on two motorcycles to pick up Gurnam Singh and Bagga Singh from Kille Wala turning point. Gurnam Singh and Bagga Singh were also there when the occurrence took place. It is strange that other five persons did not intervene when a dang blow was given on the motorcycle of Kashmir Singh and after giving another dang blow on his left ankle, he was picked up. In this case, according to the complainant, Sonu and two other boys were accompanying him on two motorcycles. Sonu and Bagga Singh were material witnesses, but they were not examined to prove the prosecution case. Makhan Singh and Satnam Singh are not corroborating the prosecution version regarding the rescue of the victim from the custody of the assailants. According to the complainant, he alongwith Sonu and two other boys had picked up Gurnam Singh and Bagga Singh from Kille Wala turning point. Mukhtiar Singh appeared as DW2 and did not support the prosecution case. The trial Court has also taken a view that the medical evidence does not support the prosecution case. Dr. A.B. Singh has stated that injured was never made available to him for the purpose of observation of X-ray report. Therefore, nature of injuries could not be explained or determined.

In this case, complainant was allegedly kidnapped by four persons. Complainant himself alongwith Sonu and two other boys had gone to pick up Gurnam Singh and Bagga Singh, which means that they were six in number. It is unlikely that none of said five persons had not intervened when the son of Kartar Singh first gave dang blow on the motorcycle of the complainant and thereafter second son gave a dang blow on the left ankle of the complainant. It is also unlikely that out of the two motorcycles, complainant was kidnapped alongwith his motorcycle by Kartar Singh and his sons and then, without any struggle, he was rescued by Satnam Singh. None of the other witnesses cited by the prosecution have been examined, who are alleged to have received injuries. Therefore, we are of the view that the judgment of the trial Court is based on sound reasoning. The prosecution failed to prove its case beyond all reasonable doubts. Therefore, we do not find any illegality, infirmity or perversity in the judgment of the trial Court. Accordingly, the present appeal is dismissed.