- (1.) PW3 Mela Singh (complainant) has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 2.4.20011, acquitting respondent No.1 of the charges framed against him.
(2.) It was allegation against respondent No.1 that in the intervening night of 31.10.2008 and 1.11.2008, in the area of village Mohar Singh Wala, he had committed murder of Kuldip Singh @ Nikka son of the complainant. Dead body was found in a room on the first floor of the house of the complainant in the morning hours of 1 st November 2008.
(3.) Process of law was set in motion on a statement (Ex.PX) made by Mela Singh applicant, which led to the registration of an FIR (Ex.PE/3) in police station Bhikhi on 1.11.2008. The trial Judge has noted the following facts regarding case of the prosecution:- "that on 1.11.2008, SI/ SHO Paramjit Singh of Police Station, Bhikhi along with ASI Raghvir Singh and other police o icials, in connection with patrolling, was present at bus-stand of village Mohar Singh Wala, where Mela Singh son of Maghar Singh resident of Mohar Singh Wala, along with Balbir Singh Sarpanch of his village, reported and got recorded his statement with SI/ SHO Paramjit Singh that he is doing the work of installation of tubewell bores. He has two sons and four daughters, namely; Jasvir Kaur, younger to her Bhinder Kaur, younger to her Manjit Singh, younger to him Baljit Kaur, younger to her Kuldeep Singh alias Nikka and Komal Kaur is youngest of them and all his children are married. About four months ago, his son Kuldeep Singh alias Nikka was married to Simaranjit Kaur daughter of Baldev Singh resident of Badbar. About 25 days prior to the starting of fasts, Simaranjit Kaur had gone to her parents house at Badbar. On 31.10.2008, at about 9.00 p.m. his family took meal and his son Kuldeep Singh slept in the right side Chubara of their house and he slept in the other Chubara and his wife slept in between the passage of both the Chubaras. His son Manjit Singh along with his wife Golo Kaur slept in the room of their house. On the next morning, after preparing tea, his wife went to the Chubara where his son Kuldeep Singh alias Nikka was sleeping and called him to wake up and take tea, but he did not get up. Then his wife called him and he removed cloth from his son Kuldeep Singh alias Nikka and found him murdered. There were wounds above the neck and below the right side ear of Kuldeep Singh alias Nikka, caused with some sharp edged weapon. One more wound with sharp edged weapon was found on the upper side of his right cheek and there was a pool of blood. He along with his wife raised alarm. Then his son Manjit Singh also came in the Chubara and he disclosed the entire incident to him. Thereafter, many people from the village including Sarpanch Balbir Singh came at the spot.";