A.N. Jindal. J. - (1.) ALL the five accused - Respondents No. 2 to 6 (herein referred as 'the accused') were tried for committing the murder of Mukhtiar Singh on 9.4.2008 at 10.00 PM, as a sequel of which they were tried and acquitted by the Trial Court vide judgment dated 13.10.2010, against which this petition has been filed.
(2.) ON 9.4.2008, at about 10.00 PM, when complainant Asha Rani (herein referred as 'the complainant') was present in her room, then she over -heard hue and cry. At this, she opened the door, upon which she saw in the light of the room of Mukhtiar Singh that the accused Darshan Singh and his son alias Chhipoo, Jamna Bai, her husband Piara Singh and their son Desa Singh were present there. They had gagged the mouth of Mukhtiar Singh and had also caught hold of his arms. Accused Darshan Singh had caught hold the legs of Mukhtiar Singh and they all put him forcibly on a cot. Accused Jamna Bai forcibly administered some poisonous substance into his mouth and then all of them fled away. Balkar Singh, husband of the complainant had also witnessed the occurrence. Thereafter, they went to his room and took him to Anil Baghi Hospital, Ferozepur, where he died. A DDR was lodged in the police station, but the Investigating Agency having failed to collect adequate evidence against the accused, did not register the case. Hence, after two months, the complaint was filed. On commitment, the accused persons were charged. However, on trial, they were acquitted.
(3.) HAVING heard the contentions of the counsel for the Petitioner, the same are not found convincing. It does not appeal to the reason that the accused knowing fully well that other family members of the deceased were residing with him, and could come to his rescue, would dare to go into the house to administer him the poison forcibly. As a matter of fact, the parties were already litigating over the dispute regarding a passage, from where the alleged accusations emanated.;