STATE OF HIMACHAL PRADESH Vs. GURPREET SINGH

JUDGEMENT

(1.) THE State is aggrieved by the order passed by the learned Additional Sessions Judge, Kangra at Dharamshala acquitting the respondents, who have been charged for offences under Sections 302, 342, 323 and 34 IPC. A common judgment was delivered by the learned Court in Sessions Case No. 2-D/2001 titled State of H.P. Vs. Whether reporters of the Local papers are allowed to see the judgment? Yes. Gurpreet Singh son of Sh.Ramail Singh and Finda alias Chhinda and State of H.P. Vs. Surjit Singh alias Inderjit alias Happy.

(2.) THE prosecution case in brief is that F.I.R. No. 121/2000 Ext.PW9/A was lodged on the statement Ext.PW1/A of Surjit Singh. In brief, the facts stated were that the complainant-Surjit Singh is a vegetable seller. His elder brother Jagdev @ Jugnu was working with eunuch Kanta Devi as a driver. He left his employment with her. He states that Kanta Devi used to visit them and was very friendly with all his family members. On 8.7.2000, he had gone to the house of Kanta Devi but he could not find her and stayed back in her house. He was accompanied by another eunuch Pinki. On 10.7.2000 Kanta Devi returned when he demanded money from her and she said that his demand would be met. On 11.7.2000 at around 10 A.M., his elder brother Jagdev @ Jugnu also came to the house of Kanta Devi and asked him to return home. He said that he would return on 12.7.2000 and thereafter he went with Kanta Devi for collecting of 'Badhias' (traditional amount collected by eunuchs on festivities/celebrations etc.). He says that he and Kanta Devi returned to her house in the evening at around 7 p.m. after collecting 'Badhias', where Surjit Singh @ Happy and Sanjeev alias Tinku resident of Jallandhar, (another accused who has not been apprehended as noted by the learned Sessions Judge) and Chhinda resident of village Ladhayal of District Moga were also present there. His brother Jagdev alias Jugnu also returned and they all started drinking. He did not participate in this party since he was a teetotaler. A quarrel ensued between his brother Jagdev Singh alias Jugnu and Surjit Singh alias Happy. THEy broke liquor bottles and started fighting with each other. When he tried to intervene to stop them from fighting/quarreling, Surjit Singh alias Happy, Sanjeev alias Tinku, Chhinda and Kala started beating him and his brother Jagdev alias Jugnu with broken bottles and sticks. His brother Jugnu was beaten up badly and dragged out of the room and thrown down from the Verandah. He says that he was tied to a cot and beaten up. Kanta Devi, Tarlok Singh and Faquir Chand saved him from the assault. Jagdev alias Jugnu was thrown on the road and he ran away from the spot. This is in nutshell the case of the prosecution which is also noticed by the learned Sessions Judge in his judgment.

(3.) THE learned trial Court, on the evidence on record holds that out of three accused Gurpreet Singh, Finda alias Chhinda and Surjit alias Inderjit alias Happy, Surjit Singh denied his presence in the house of Kanta Devi on the date of occurrence. THE other two accused admitted their presence. In the case titled State of H.P. Vs. Gurpreet Singh, complainant Surjit Singh, who appeared as PW1 stated that Jagdev alias Jugnu, was also known as Jagga. He was employed as driver by Kanta Devi to drive her personal Jeep. Kanta was residing in village Gamaru in Dharamshala. His brother had left the job with Kanta Devi about two months prior to his death. On 8th July, 2000 when he visited Kanta Devi, he found that she was not present in her house. THE purpose of his visit was to collect balance salary payable to his brother as he (his brother) was not on visiting terms with her. On the fateful day, accused Gurpreet and Chhinda were also present in the house of Kanta Devi. THEy did not allow him to go back on the assurance that Kanta Devi return soon. On 10.7.2000 Kanta Devi came there and he demanded the salary of his brother when he was told by her that he should wait and she would pay the entire amount. On 11.7.2000, he along with Kanta Devi and accused Kala and Chhinda went from village to village in a Jeep to collect 'Badhais' from the villagers. THEy returned in the evening and at night also he demanded salary due to his brother but Kanta Devi did not pay anything. When the complainant reached the house of Kanta Devi, he found two other persons from Jallandhar already sitting there, one of them was Happy and the other was Tinku. All these persons along with Kanta Devi started smoking cigarette laced with 'Charas' and asked him to bring liquor from the nearby shop. THEreafter, accused Chhinda persuaded the complainant to accompany him to the liquor shop and they brought one bottle of liquor and one bottle of beer. THEy were all drinking except the complainant at which point of time his brother Jagga alias Jugnu reached there and a quarrel ensued between him and the other persons. THE accused along with Happy and Tinku shouted that they were looking for him and would not allow him to go back. THEy thereupon, beat him up and he was tied with a rope to a 'Charpai' (cot). During this period, the accused assaulted Jagga with lathies and bottles as a result of which Jagga suffered injuries on his arms, back and on his forehead above his eyes. He started shouting at which he was untied and set free. He concealed himself in the bushes near the Patwarkhana. He saw that the body of his brother was lying by the road side. He was scared of these persons as they wanted to kill him. This is the gist of the statement made by the complainant in the case of State of H.P. Vs. Gurpreet Singh.