REKHA MITTAL, J. - (1.) THE present petition has been directed against judgment dated 25.05.2004, passed by the Additional Sessions Judge (Adhoc), Amritsar (hereinafter to be called as 'the trial Court'), vide which the accused (respondents No. 2 to 4 herein) have been acquitted of the offence punishable under Section 302 read with Section 34 of Indian Penal Code (in short, 'IPC').
(2.) THE case was got registered on 13.07.2000 by the Additional Director General of Police (Crime), Punjab Chandigarh vide his letter dated 11.07.2001 addressed to the Senior Superintendent of Police, Tarn Taran on the basis of enquiry conducted by Joginder Lal, on the application made by Gian Kaur, mother of deceased Harvinder Singh. The allegations, in brief, are that on 25.05.2000, Mohinder Singh son of Gulzar Singh, resident of village Pakhoke made a statement to ASI Jaswant Singh that Gian Kaur, his sister was married to Sangha Singh and they used to reside with him for the last 18 -19 years. On 26.05.2000, he and his nephew Harvinder Singh were going to Behak from village on their scooters. At about 08.30 pm, when the deceased accelerated speed of his scooter to overtake him, scooter went out of control and he (Harvinder Singh) along with Scooter fell in the fields and suffered injuries on his face, forehead and died on the spot. Inquest proceedings were conducted on the dead body and was handed over to the mother of the deceased, without getting post mortem examination conducted after obtaining orders from the Sub Divisional Magistrate, Tarn Taran.
(3.) LATER , Gian Kaur, mother of the deceased submitted the aforementioned application to the Additional Deputy General of Police (Crime) and inquiry was conducted by Deputy Superintendent of Police Joginder Lal. Gian Kaur alleged that the deceased had illicit relations with the daughter of Balkar Singh and due to which, the accused committed his murder. After registration of the case, SI Balbir Singh prepared rough site plan Ex.PQ. The accused were arrested. Malook Singh son of Bana Singh, resident of Village Behla was joined in the investigation and it was revealed by him that on 26.05.2000 at about 7.30 pm, he was present near Marriage Palace at Village Pakhoke when he saw two persons coming on motorcycle and one person on scooter. The scooterist was overtaken by the persons on motorcycle, stopped him and was forced to take liquor with them. But he did not agree. They forced him to sit on their motorcycle and took him along to a nearby tubewell and left the place. The motor cyclists chased him, caught him and made to sit near the tubewell and directed him to leave the place. He suspected that the man was to be killed by those persons. The next day, he went to village Pakhoke, met two persons standing near the Marriage Palace and inquired about the fate of the man, who had been taken away by the motorcyclists on the previous day and they told him that he had been murdered. He further stated that the motor cyclists were six in number.;