- (1.) The instant application under Section 372 of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed by the applicant, seeking leave to file appeal against the judgment of acquittal dated 12.01.2012 passed by the learned Sessions Judge, Faridkot, alongwith an application under Section 5 of the Limitation Act, read with Section 482 Cr.P.C., for condonation of delay of 107 days in filing the application, seeking leave to file an appeal.
(2.) The criminal law was set into motion by the complainantGurbhej Singh with the allegations that the accused-respondents have committed the offences under Sections 302/201/120-B IPC by causing the murder of his nephew Satwinder Singh @ Sattu. 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, in para 2 of the impugned judgment and the same read as under:- "2. The allegations of the complainant are that he was the resident of village Alfu Ke and was an agriculturist and his nephew Satwinder Singh alias Sattu, now deceased, aged around 24 years was married about six months prior to this occurrence with accused Amandeep Kaur, resident of Village Marrar. It is stated by the complainant that seven/eight days prior to the occurrence Amandeep Kaur had gone to visit her parents in village Marrar and on the day of occurrence i.e. 06.06.2010 around 4.30 PM the deceased Satwinder Singh alias Sattu left on his motorcycle to bring her back when around 8:30 PM, a telephone call was received by Jagroop Singh and other nephew of the complainant from accused Amrik Singh, brother in law of the deceased (being wife's brother) informing them that the deceased Satwinder Singh alias Sattu was troubling them and that they should come and take him away at which the complainant along with his nephew Jagroop Singh, Balwinder Singh and Avtar Singh went on the Indica Car of Avtar Singh to village Marrar, where they reached at about 9:30 PM. The complainant has alleged that when they reached the house of the in laws of the deceased they saw that in the courtyard of the house upon a cot Satwinder Singh alias Sattu was wriggling and the family members of the house were moving about in the house and the complainant and others after putting the deceased in the car brought him to Guruharshai and while they had come out of the house of the in laws of the deceased the complainant alleged that Satwinder Singh alias Sattu told him that the accused Amrik Singh, Manjit Singh, Gurmukh Singh, Swaran Kaur and Amandeep Kaur have administered him some poisonous substance in the eatable and that his mother in law had also participated in this, as all of them used to force him to keep beard and long hairs to which he has not been agreeing. The complainant stated that thereafter the deceased became unconscious and were rushed to Astha Hospital, Guruharshai, where doctor declared him brought dead and, thus they took the dead body to their village Alfu Ke and being night time did not inform the police and on day break the complainant along with Jagroop Singh and Avtar Singh were going to the police station when the police party headed by SI/SHO Balwinder Singh met them at bus adda of village Deep Singh Wala, who recorded the statement of the complainant Ex.PA and after making his endorsement Ex.PA/1 sent ruqa through PHG Milkha Singh to police station Sadiq on the basis of which formal FIR Ex.PA/2 was recorded by ASI Balbir Singh. 3. Thereafter the police party accompanied the complainant to village Alfu Ke and saw the dead body of the deceased, which was identified and prepared his inquest report Ex.PL and another inquest report Ex.PL/1 and made police request for post-mortem examination Ex.PB and the post-mortem examination was conducted at GGS Medical College and hospital, Faridkot after the incharge doctor made his endorsement Ex.PB/1 and gave his post-mortem report Ex.PC and the articles of the dead body Ex.MO1, shirt Ex.MO2, Banyan Ex.MO3 and underwear Ex.MO4 were taken into police possession through recovery memo Ex.PL/1 and viscera was sent for analysis. The investigating officer thereafter went to the house of the accused in village Marrar and on the pointing out of the complainant prepared rough site plan Ex.PL/2 and got recovered motorcycle make Hero Honda bearing registration No.PB-05 Q 3782 along with its registration certificate Ex.PK and from the dickey of the motorcycle a shirt of the deceased Ex.MO5 was recovered and which articles were taken into police possession through recovery memo Ex.PL/3 and the articles were deposited with the MHC and on 21.6.2010 the investigating officer formally arrested accused Amrik Singh and Amandeep Kaur and served them with formal memos Ex.PL/5 to Ex.PL/7 and recorded the statements of the witnesses under Section 161 of the Criminal Procedure Code and it is during the course of investigation on 05.09.2010. Balour Singh draftsman prepared scale site plan of the place of occurrence Ex.PJ. On receipt of report of Chemical Examiner Ex. PD, the police obtained the opinion of the doctor Ex.PE along with histopathology report Ex.PE and the final opinion of the doctor Ex.PG and on police request Ex.PH the doctor gave his opinion Ex.PH/1 and on the completion of investigation challan against the accused Amrik Singh and Amandeep Kaur was presented in the court and the names of other accused were shown in column No.2 of the police report under Section 173 Cr.P.C."
(3.) The relevant documents were supplied to the accused, in accordance with law. The offences were found exclusively triable by the learned court of Session. Accordingly, the learned Magistrate committed the case to the learned trial Court.;