- (1.) The applicant is sister of the deceased Joginder Singh. She has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 1.12.2011.
(2.) As per case of the prosecution, against all the respondents, it was an allegation that they had killed Joginder Singh brother of respondent Nos.4 and 5. Against them, an FIR No.7 was registered on 22.1.2011 in police station Guru Har Sahai, district Ferozepur for commission of offences under Sections 364, 302, 201 IPC.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "that the present case was registered on the statement of complainant Diwan Singh who has unfolded the version that he was a retired Asstt. Lineman of Punjab State Electricity Board. He was married to Kashmir Kaur about 40 years ago and he has two sons. His wife has four brothers. His daughter-in-law expired about 5/6 years ago and during his life time he had given his landed property in equal shares to all his sons. However, his brother-in-laws Balbir Singh and Punjab Singh sold their landed property situated in village Pale Chak and shifted to village Chhanga Rai Uttar whereas his two other brother-in-law namely Jagir Singh and Joginder Singh were residing with their mother Gurmej Kaur there and they were owners of the land measuring 8 acres. However, Balbir Singh and Punjab Singh aforesaid intended to grab the land of Joginder Singh because he was bachelar and had no issue. On 8.1.2011 at about 1/1.30 p.m., accused Balbir Singh called his brother-in-law Joginder Singh form his house and took him on his horse cart. His brother-in-law Jagir Singh who was keeping his residence with Joginder Singh asked Balbir Singh as to where he has taken Joginder Singh but Balbir Singh did not give any satisfactory reply. He further added that on the next day Jagir Singh Singh narrated the whole occurrence to him and they searched the house of Balbir Singh at village Chhanga Rai Uttar as Joginder Singh did not return but Joginder Singh was not found present there. The complainant further stated that he believed that accused Balbir Singh, Sukhdev Singh, Harpal Singh, Daler Singh, Punjab Singh and Gurcharan Singh hatched conspiracy and kidnapped Joginder Singh in order to grab his land.";