- (1.) Mr.A.S.Sullar, Advocate, appearing on behalf of appellants no.1 and 3 prays for time.
(2.) Mr.Jagjit Gill, Advocate, appearing on behalf of Kuldip Singh-applleant no.2 has submitted that Amarjit Kaur, mother of Kuldip Singh-appellant no.2 filed an application before Superintendent of Police, Sirsa, stating that Kuldip Singh-appellant no.2 was innocent. The said application was marked to Shri Balbir Singh, Deputy Superintendent of Police (Headquarters), Sirsa (DW6) who carried out investigations on 27.06.2005 and he opined that Kuldip Singh-appellant no.2 was innocent. Thereafter, Shri Diwan Singh, S.I. SHO Police Station, Rori (DW1) submitted an application dated 7.9.2005 (Ex.D4) for discharge of Kuldip Singh-appellant no.2. On 15.07.2005, the Additional Sessions Judge, Sirsa, (exercising the powers of Special Judge) ordered the release of Kuldip Singh-appellant no.2 as there was no request for his judicial remand. In the final report that was filed on 20.09.2005, Kuldip Singh-appellant no.2 was kept in column no.2 and was not sent up for trial. However, it is submitted that due to mistake of the counsel for Kuldip Singh-appellant no.2, he continued to appear in the case and was tried and convicted. A reference has been made to the deposition of Diwan Singh, S.I., SHO, Police Station Rori (DW1) and also to that of Balbir Singh, Deputy Superintendent of Police (Headquarters) Sirsa (DW6) in this regard.
(3.) The learned trial Court has considered this aspect and held that Kuldip Singh-appellant no.2 took part in every proceeding of the case and took usual defense that he was innocent. No objection was ever raised on his behalf that he had already been released by the police and the police had not submitted challan against him. All these facts it was observed, go to show that he was never given a clean chit and was never discharged in the case.;