- (1.) The applicants, vide these two applications, one filed by the first informant-complainant and the second by the State of Punjab, seek leave to file appeal against the same judgment of acquittal dated 15.10.2010. Both these applications are proposed to be decided along with an application under Section 5 of the Limitation Act filed by the State of Punjab, seeking condonation of delay of 271 days, by this common order. However, the facts are being culled out from Crl. Misc. A-303-MA of 2011. Facts first. The criminal law was set into motion by Tirath Singh-complaint, PW2, getting his statement recorded to SI Devraj PW4, alleging that on 3.10.2008 at about 5:15 p.m., respondent Jasvir Singh @ Rana, his wife Amarjit Kaur and Gurdev Kaur have caused injuries to his father Gurdev Singh.
(2.) In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noted by the learned trial court and the same read as under:- As per the facts of the case, on 4.10.2008 a telephonic message was received from Oxford Hospital, Jalandhar regarding admission of Gurdev Singh son of Satnam Singh in injured condition. On this SI Dev Raj along with police party went to Oxford Hospital, jalandhar and moved an application to know about the condition of Gurdev Singh, injured, but the injured was declared unfit to make statement. Tirath Singh son of the injured met the investigating office, in the hospital and the statement of Tirath Singh was recorded. Tirath Singh gave his statement to the police that he is an agriculturist by profession. His father Gurdev Singh is having six killas of land. They have taken land on lease and do agriculture work. On 3.10.2008 at about 5:15 p.m., his father Gurdev Singh had gone to the fields on his motorcycle for irrigation the fields. Gurdev singh came to his land near the land of Comrade Meet Singh and went to the tubewell Motor Room. At about 6:15 p.m., when his father did not return he called his father on his Mobile Phone. Both the times, the telephone was connected and he heard muffled sound. On hearing this, the complainant got confused and went towards the fields on his motorcycle. On reaching the tube-well Motor Room he saw the motorcycle of his father parked on one side. The Turban and the pair of sleepers of Gurdev Singh wee lying scattered. He saw blood on the ground. The paddy crop was also damaged on 2-3 places and there was blood on it. He called other people on telephone. People of the village reached on the spot and started searching for his father. After some time they reached near the boundary wall of paper Mill, where they saw Gurdev Singh lying in injured condition. He made arrangement for a conveyance and brought Gurdev Singh to Civil Hospital, Nakodar. His father was referred to Jalandhar. He had su ered injuries on his head and other parts of body. He was admitted in Patel Hospital, Jalandhar and further taken on Oxford Hospital, Jalandhar. His father was operated upon and was under treatment. The complainant further stated that his father Gurdev Singh was having enmity with Jasvir Singh son of Gurnam Singh. His aunt (Massi) Parmjit Kaur was married with Balbir Singh in the year 1989-90 who was brother of Jasvir Singh. Out of this wedlock Parmjit Kaur was having a daugher namely Inderjit Kaur. Balbir Singh died in the year 1992. His father Gurdev Singh wanted Jasvir Singh to marry Parmjit Kaur, however, the family of Jasvir Singh performed marriage of Jasvir Singh with other lady. In the year 1995, his father performed marriage of Parmjit Kaur with his younger brother Lashkar Singh, so Parmjit Kaur and her daughter Inderjit Kaur started residing in their family. Thereafter, his father Gurdev Singh had filed a civil case against Jasvir Singh for getting the share of land which came to the share of Inderjit kaur. His fatehr filed another cas for getting share in the house and the plot. His father had a dispute with Jasvir Singh regarding lambardari. About ten days before this occurrence his father became Lamberdar of the village. Because of above said reasons Jasvir Singh, his wife Amarjit Kaur and his Chachi/aunt Gurdev Kaur, got his father injured with the intention to kill him. On the basis of this statement, the investigation was done by the police and the present case was registered.
(3.) Investigation was carried out by SI Devraj. An application was moved by Gurmail Singh for inquiry. During the course of investigation, Amarjit Kaur and Gurdev Singh were found to be innocent. On another application having been moved by accused-Jasvir Singh before Superintendent of Police (D), Jalandhar, another inquiry was got conducted but as per the report of Superintendent of Police (D), Jalandhar, respondent Jasvir Singh was found to be the accused whereas Amarjit Singh and Gurdev Kaur were again found to be innocent. During the course of investigation, accused could not be arrested and the report under Section 173 of the Code of Criminal Procedure ('Cr.P.C.' for short), was presented to the court in his absence. The offence under Section 307 of the Indian Penal Code ('IPC' for short), having been found to be exclusively triable by the court of Sessions, the case was committed to the learned trial court.;