- (1.) This application has been filed under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 16.12.2011 vide which the respondents were acquitted of the charges framed against them. The above respondents were arrayed as accused in FIR No. 98 dated 12.5.2004 for commission of offences under Sections 302, 201 & 34 IPC read with Sections 25 & 30 of the Indian Arms Act, 1959 in Police Station Sadar, Malout.
(2.) It was an allegation against the respondents that they had killed Gurbachan Singh, father of Gurmeet Singh, respondent No.2, on 12.5.2004. The process of law was initiated on a statement made by Kuldip Singh, son of the deceased. The trial Judge has noted the following facts regarding case of the prosecution:- "That the complainant stated in his statement that he was the youngest brother of his two other brothers and two sisters and all of them were married. That one of his brother was residing with his family at Shatrana. That he and his brother Gurmeet Singh resided jointly in the same house at village Kolianwali. That his since deceased father Gurbachan Singh and his mother also resided jointly with him. That on the last night, his father Gurbachan Singh had slept in his cattle Wara out of his house in front of the small gate of his house at village Kolianwali. That the complainant Kuldip Singh and his brother were lying asleep inside the house with their families. That at about 2/2.30 A.M. at night, they heard the sound of fire weapons from the Wara where his father had slept. That the complainant and his brother clandestinely looked at it by climbing roof of the house and found that four/five persons armed with weapons were roaming in the Wara. That the bulb of electricity was glowing at that time in the Wara. That one white coloured car was standing on the road outside the Wara. That the complainant side remained inside the house out of fear. That they heard the races of the car and lalkaras from outside. That the above referred persons thereafter drove away by accelerating the car. That when the complainant side got up in the morning and went to the Wara near cattle in his house, his father was found lying splashed with blood on a cot with fire arm injuries on his chest. That the complainant left his brother Gurmeet Singh to guard the dead body of his father Gurbachan Singh threat and himself went to inform the police alongwith Phula Ram Sarpanch and Surjit Singh son of Gurdial Singh of village Kolianwali after briefing them about this occurrence."
(3.) The police party headed by Sub Inspector Gurtej Singh (PW.14) went to the spot. It has come on record that Kuldip Singh, for murder of his father, initially had raised suspicion against Dial Singh son of Jagtar Singh and his son Parminder Singh, both residents of village Kolianwali. Political rivalry was stated to be a motive to commit the crime. The Investigating Officer inspected the dead body of Gurbachan Singh, prepared inquest report and sent it for post mortem examination.;