T.P.S. Mann, J. - (1.) JUDGMENT dated 7.2.2002 passed by Additional Sessions Judge, Ambala acquitting respondent Bani Singh of the charges against him stands challenged by the petitioner at whose instance the FIR was registered.
(2.) AS per the prosecution, on 21.2.1995, Poonam, wife of the petitioner, went to the fields of Satyawan, with whom the petitioner used to work as a labourer, to bring animal fodder and fire wood. When the petitioner reached the said fields, he found his wife missing, whereas the fodder and fire wood were lying in the fields. He returned back home but did not find his wife at his house. He, alongwith Om son of Har Narayan, started searching for his wife but in vain. He then reported the matter to the police and, accordingly, FIR No. 17 dated 22.2.1995 under Sections 376 and 364 IPC was registered against respondent Bani Singh and one Om Parkash Bairagi. During the course of investigation, putrefied and decomposed dead body of Poonam was found lying in the fields of Azad Singh on 24.3.1995. A woollen shawl was also recovered from near the dead body. A chunni was found tied around her neck. The dead body was subjected to post mortem. Further, it was revealed that on 21.2.1995 Kamla, wife of Ranbir Singh and Boonda, wife of Preeta, while collecting animal fodder from the fields of one Veera had seen respondent Bani Singh, his co -accused Om Parkash Bairagi and one unknown person proceeding towards the fields of Satyawan. Soon thereafter they had heard the screams of Poonam and saw the assailants grappling with her in the fields of Satyawan. The petitioner felt dissatisfied with the investigation conducted by the police and, accordingly, approached this Court. Vide order dated 24.4.1997, this Court entrusted the investigation to the C.B.I. Various steps were taken by the C.B.I. during the course of investigation. It was reveled that on 21.2.1995 at about 4.00 p.m. when respondent -Bani Singh and his co -accused Om Parkash Bairagi boarded the bullock cart of Dharamvir Singh of village Kathura at Shyama Ki Khui, the clothes of Bani Singh and Om Parkash Bairagi were stained with mud. On 27.8.1999, respondent Bani Singh was arrested. Involvement of one Bala was noticed during the investigation but she was got discharged on the application moved by the C.B.I. as her involvement in the commission of crime was not established. Om Parkash Bairagi died during the course of investigation and, accordingly, the proceedings against him were dropped.
(3.) UPON completion of investigation and presentation of challan followed by commitment of the case, charges under Sections 120 -B, 354, 201 read with Section 120 -B and 302 IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to which he pleaded not guilty and claimed trial.;