- (1.) THE appellant/complainant is before us, challenging judgment of acquittal, dated 09.05.2013, passed by the Additional Sessions Judge, Jalandhar.
(2.) THE complainant, lodged FIR No.213, dated 20.09.2012, under Sections 304, 109, 201 of the Indian Penal Code, at Police Station Division No.8, Jalandhar, that on 18.08.2012, at about 8.15 P.M., he sent his son Ravinder Singh @ Kaka, aged 20 years, who works as an electrician to Metro Hospital to fetch medicine, but the latter did not return. His phone was switched off and despite attempts to search for his, his son could not be traced. He was informed by SI Avtar Singh, on 19.08.2012, that the dead body of his son is lying at Kotla Road, Near Ply Board Factory. The complainant along with his wife Jaspal Kaur and relatives rushed to the spot and found that the dead body of his son was lying on the road and foam was coming out from his nose and mouth. The complainant alleged that his son has been administered a poisonous substance or an excessive dose of an intoxicant on the night of 18.08.2012, by Parminder Singh @ Bhinda, Gurvinder Singh @ Kaka, Pardeep Singh @ Happy, Vicky @ Chucha and Money (respondents), while they were sitting at Maa Durga Steel Industries and, thereafter, left his son on the road. On the basis of this statement Inspector Bimal Kant registered an FIR, prepared an inquest report, post mortem was conducted and it was opined that cause of death was required to await receipt of report of the chemical examiner. The visra was sent for chemical examination on 30.08.2012. A rough site plan was also prepared.
(3.) DURING investigation, one Ranjit Singh recorded a statement on 18.09.2012 that at about 9.00 PM, he was present in his house, Gurvinder Singh, Parminder Singh and Happy came to his house along with Money and Chucha, where they made an extra judicial confession that on 18.08.2012, Kaka, Parminder Singh, Happy and Chucha, Money, Kaka son of Devinder Singh, complainant, were sitting in Maa Durga Steel Industries, when Chucha and Money brought smack. All of them except Kaka began consuming smack. After some time, they asked Kaka to take smack. Kaka also started taking smack. After some time Money left the spot, Chucha and Happy brought some more smack from the house of Money and insisted that Kaka take some more smack. After some time Kaka began foaming from the mouth and died at the spot. Money directed them on telephone that they should remove the dead body otherwise they will be implicated in a case of murder. They carried the dead body and threw it on the road so that a vehicle may run over the dead body and death would appear to be accidental. Kaka's mobile phone was thrown near Guru Nanakpura. Ranjit Singh stated that after making these statements, the accused promised to come back but did not return. The police also recorded the statement of one Maninderpal Singh, PW3, that he had seen the accused many times outside the factory and on 18.08.2012, at about 11.00 PM, when he was returning home, he saw Ravinder Singh @ Kaka on a scooter. Bhinda was sitting on the pillion of the scooter. Pardeep Singh, Happy, Chucha and Money carried Ravinder Singh @ Kaka (the deceased) from the factory and placed him between the persons seated on the scooter. He asked them what had happened, they replied that Ravinder Singh @ Kaka had a 'fit' and they were taking him to hospital. A few days later he read in a newspaper about the death of Ravinder Singh @ Kaka.;