- (1.) Petitioner Bakshish Singh has filed this revision petition against State of Punjab and other respondents under Section 401 Cr.P.C. challenging the judgment dated 30.04.2008 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court, Jalandhar whereby the accused-respondents No.2 to 5 have been acquitted under Section 306 IPC.
(2.) It is mainly stated in the petition that judgment of acquittal dated 30.04.2008 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court, Jalandhar are against the law and perverse, in which the evidence led by the prosecution has not been appreciated and contrary finding has been returned and the accused have been acquitted and the same liable to be set aside. It is further stated in the petition that sufficient and cogent evidence has been led by the prosecution which clearly constitute the offence under Section 306 IPC, which indicates that the accused have compelled and created the circumstances for Sukirat Singh to commit the suicide and thus all the accused are liable to be punished and liable to be convicted for maximum sentence provided under the above-said provision. It is also stated in the petition that learned Court below has not appreciated the suicide note Ex.PW3/A, which even otherwise has been proved by the FSL and in the above-said note, deceased Sukirat Singh has clearly narrated the harassment given to him and has also narrated the threat rendered by the accused persons and the abovesaid suicide note is itself explanatory apart from the other evidence that the deceased had been compelled to commit suicide. Notice of motion was issued and learned State counsel as well as learned counsel for respondents No.2 to 5 appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.
(3.) The brief facts of the case as given in the judgment dated 30.04.2008 are as under:- "On 27.08.2002, at about 2.00 A.M., one written memo issued by Deputy Station Superintendent, Railway Station, Jalandhar City was received in the police station, in which it was reported that a person has been run over and killed by train no.4681 up. It was further requested to attend and take action. On this, the police came into action. ASI Balbir Singh for taking action under Section 174 Cr.P.C. along with other police companions went to the spot. He found that deceased Sukirat Singh son of Bakshish Singh resident of village Saidowal, P.S. Sadar Kapurthala was lying in dead condition near platform no.1. One file cover was also found contained a note written by deceased, which was addressed to Gurmit Cheema, SHO, P.S. Sadar Kapurthala. That note disclosed that the deceased Sukirat Singh son of Bakshish Singh was the resident of village Saidowal. It further reads that he is running a shop of medical practitioner in village Dhapai in a house in which he was residing is owned by one Gogi Numberdar. He and his family was attacked on 22.08.2002 at about 11.00 P.M. by Sukhjit Singh alias Bittu, Major Singh, Kittu son of Haracharan Singh. In this attack, he was injured and was admitted to Civil Hospital. One Nirmal Singh Malhar is the witness of this occurrence. The FIR has been recorded. Today, on 26.08.2002, he is discharged from the hospital. After his release from the hospital, Sukhjit Singh, Major Singh, Kittu and Sarpanch Dulla of village Dhapai along with one Baba STD wala encircled him and threatened that he will be killed, as and when he will go to village Dhapai. Said Nirmal Singh Malhar is the witness of this occurrence. They have also levelled the allegations as far as his character is concerned. They connected his name with one girl Kulbir Kaur daughter of Nirmal Singh and defamed him. Today, all of them with the help of Pamma Motta and his sister Sukho has killed Kulbir Kaur by poisoning her. He has left his wife, two children save in his village, but all these persons mentioned above have not left him for doing any thing and they have killed innocent girl. Further, he requested that all the persons namely, Sarpanch Dulla, Kittu Baba STD wala, Major Singh, Sukhjit Singh alias Bittu, Pamma Motta, Sukho should not be spared. He also requested his mother and father to forgive him. He requested that all the murderers be punished. He also addressed Giani Sarwan Singh to do the justice. He blamed one tailor Paramjit Singh, who is having illicit relations with the wife of Boota in his suicide act.";