- (1.) The present application has been filed under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeking leave to file appeal against the impugned judgment dated 13.06.2012 passed by learned trial court.
(2.) Facts first. The criminal law was set into motion by Balbir Singh son of Karnail Singh resident of Gholia Kalan by getting his statement recorded before SI Kikkar Singh alleging that when he had gone to his fields to have a round, dead body of some unidentified young boy aged about 25-30 years was lying on the road.
(3.) In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts of the case as noted by the learned trial court, in para 2 of the impugned judgment and the same read as under :- "Briefly stated, it is the prosecution case that on 27.06.2009 Balbir Singh son of Karnal Singh resident of Gholia Kalan had got recorded his statement before SI Kikkar Singh stating therein that he had gone to his fields to have a round. When he reached near his field, he found the dead body of some unidentified young boy aged about 25-30 years lying on the road leading to Gholia-Kalan-Charik Road near Canal Bridge having injuries with sharp edged weapon. Then he informed Kuljit Singh Sarpanch of his village, who along with other persons came at the spot. He left Balwant Singh son of Hazara Singh of village Gholia Kalan to guard the dead body. He along with Kuljit Singh Sarpanch went to the police station and got recorded his statement. SI Kikkar Singh made his endorsement on the above said statement and sent the same to the police station on the basis of which formal FIR u/ss 302/34 IPC was registered. The police swung into action. SI Kikkar Singh visited the spot, prepared rough site plan of the place of occurrence, photographs of the dead body were taken. On 29.6.2009 SI Kikkar Singh received telephone from Civil Hospital, Moga that the dead body was identified as Jaspreet Singh alias Jassa son of Mohinder Singh resident of Kussa. On reaching Civil Hospital Moga, the post mortem examination on the body was got conducted and the dead body was handed over to his heirs. In Civil Hospital, Moga, Balwinder Kaur got recorded her statement that about eight years ago his son was studying in college at Bughipura and was doing the course in computer science. One Sarbjit Kaur daughter of Gamdoor Singh resident of village Aulakh was also doing the similar course in the same college and they were class fellows and were having love affair. Sarbjit Kaur had gone to Canada about four years ago with her parents. Before going to Canada she had visited their house and she had given her gold ring and suits worth Rs. 5000/-. She had further stated that Sarbjit Kaur had been making telephone calls to her son Jaspreet Singh and use to say on telephone that she would call her son to Canada in near future. She returned from Canada to India after one and half year. On her return, she married with Jasvir son of Nachharttar Singh of village Dadahoor. After marriage she had gone to Canada with her husband. Even after her marriage, she had been making telephone calls to her son and kept on assuring her son that she would call him to Canada. The fact of their love affair came to the knowledge of her husband Jasvir Singh who asked her son not to talk on telephone with Sarbjit Kaur and threatened her son on telephone that in case he did not stop talking to Sarbjit Kaur but they kept on calling each other. She had also stated that about ten days prior to the occurrence, Jagroop Singh Sarpanch of their village and Gamdoor Singh accused came to their house and Gamdoor Singh asked her son Jaspreet Singh not to talk to Sarbjit Kaur on telephone. At that time, Sarpanch Jagroop Singh had taken the responsibility of her son. On 26.6.2009 Baljinder Singh alias Gogi, Jitender Kumar alias Bittu, who were already known to her son and Gamdoor Singh accused came to their house in Innova car bearing registration No.HR55-C-7404 and all the above said persons took her son in that Innova Car on the pretext of setting the matter permanently. But her son did not return back. They kept on searching for his son at their relations but they could not trace him. On 29.6.2009 they came to know through newspaper that one unidentified dead body was lying at Civil Hospital, Moga. Thereafter she along with her husband and his brother Joginder Singh had gone to Civil Hospital, Moga. On reaching the hospital they came to know that the dad body was of her son and Jasvir Singh village Dadahoor, by giving money in connivance with Gamdoor Singh, Baljinder Singh alias Goggi, Tejinder Singh alias Bittu and other persons had got murdered her son. During investigation Prem Singh son of Ujaggar Singh resident of Kussa got recorded his statement that on 26.6.2009 at about 7.00 PM, he had stopped at Vivek Hotel Badhni Kalan for taking tea. Four boys were already sitting in the said hotel who were Manjinder Singh alisa Nona, Krishan Kumar alias Happo, Rachana alias Richa and Karan alias Kamma. They were taking tea and were talking to each other. In the meantime one Innova car bearing registration No.HR55-C-7404 came there. Four persons came out of the car who were Baljinder Singh alias Gogi, Gamdoor Singh, Jatinder Kumar alisa Bittu and Jaspreet Singh alias Jassa of their village. He asked him that where they were going, then Gamdoor Singh disclosed to him that all of them were going to village Hari Nau in the house of his son-in-law Jarnail Singh for effecting some compromise and then they left in that Innova vehicle. He further stated that on 29.6.2009 he came to know that Jaspreet Singh alias Jassa was missing from that day and his parents kept on looking for him at their relations. Then he came to know through newspaper that at Civil Hospital, Moga, an unidentified body of young man was lying. From there he had gone to Civil Hospital, Moga, and saw the dead body of Jaspreet Singh alias Jassa lying in the mortuary. He had the suspicion that Gamdoor Singh, Baljinder Singh, Jitender Kumar alias Bittu, Rachna alias Richa, Karan alias Kamma, Krishan Kumar alias Happo, Manjinder Singh took Jaspreet Singh to the house of Jarnail Singh and conspiracy with each other, out of some greed, got him murdered from some persons. Then Dalaur Singh son of Basant Singh resident of Kikhan Wala got recorded his statement before SI Kikkar Singh, who has stated that on 26.6.2009 at about 7.00 PM, he was taking tea after purchasing luggage from Haryali Center. Then one Maruti Car bearing registration No. DL-2C-6663 came there and Manjinder Singh alias Nona resident of Faridkot, Ravi, Inder Singh alias Chhina resident of Muktsar, Jarnail singh son of Bachittar Singh resident of Hari Nau and Jaspreet Singh alias Jassa alighted from the said car and started taking tea. Then he asked Jaspreet Singh alias Jassa where they were roaming. Then Jarnail Singh replied that they were going to drop Jaspreet Singh. He has further stated that then he came to know from news from the newspaper that the dead body of some unidentified person was lying at Civil Hospital, Moga. He further stated that he was sure that jarnail Singh, Manjinder Singh alias Nona, Ravi alias Tejinder Kumar alias Bittu, Baljinder Singh alias Gogi, Rachna alias Richa, Krishan Kumar alias Happo, Karan alias Kamma came to him in Innova car bearing No.HR-55- C 7404 and Maruti Car DL 2CP-6663 and disclosed to him that they had committed murder of Jaspreet Singh alias Jassa at the instance of Jasvir Singh son of Nachhatar Singh resident of Dadahoor after taking money from him. He has further stated that he had visiting terms with the police and they asked to produce them before the police. On 6.7.2009 accused Gamdoor Singh, Baljinder Singh alias Gogi, Tejinder Kumar alias Bittu were arrested and Innova vehicle bearing No.HR55-C-7404 was taken into police possession. On 7.7.2009 accused Jarnail Singh, Ravinder Singh and Manjinder Singh alias Nona were arrested and Maruti Car No.DL2CF 6663 was taken into police possession. On 12.7.2009 accused Jarnail Singh suffered disclosure statement before SI Kikkar Singh and in pursuance to his disclosure statement Rs. 20,000/- were recovered from the disclosed place and these were taken into police possession vide separate memo. Accused Jasvir Singh was declared proclaimed offender vide order dated 26.9.2009 and accused Richa was declared Juvenile and her separate challan was presented before Juvenile Justice Board.";