- (1.) This appeal has been filed by the appellant Davinder Singh who is the brother of Paramjit Singh (deceased in the case). In the prayer clause, the appellant has made the following prayers: (i) It therefore respectfully prayed that this appeal may kindly be allowed and order dated 16.9.2015 passed by the learned Additional Sessions Judge, Gurdaspur, vide which the respondent No.2 is acquitted is against the law and facts and liable to be set aside. (ii) It is further prayed that the sentence of the other respondents be enhanced from life to death, as it was a cold blood murder committed by them. (iii) It is further prayed that compensation to be awarded to the son of the deceased Karanbir Singh. (iv) It is further prayed that certified & true copy of judgment dated 16.9.2015, may kindly be exempted, in the interest of justice.
(2.) It is accepted by the learned counsel for the appellant that the sentences as imposed on respondents No. 3 to 6 i.e. other than Baljit Singh (respondent No.2) cannot be enhanced in an appeal filed by a 'victim' in terms of the proviso to Section 372 of the Code of Criminal Procedure ('Cr.P.C.' - for short). The said provision provides for appeal by a 'victim' against an order passed by the Court (i) acquitting the accused, (ii) acquitting him for a lesser offence or (iii) imposing inadequate compensation. The same does not provide for an appeal against inadequate sentence. Therefore, it is accepted that prayer for enhancement of the sentences in respect of respondents No.3 to 6 i.e. other than Baljit Singh (respondent No.2) would not be maintainable. As regards compensation awarded to Karanbir Singh son of the deceased Paramjit Singh, it is submitted by the learned counsel that she does not press for the same and she would file necessary applications in CRA-D-1662-DB of 2015 filed by Pawan Kumar and another as also CRA-D-1629-DB of 2015 filed by Kuldip Singh @ Kuldip and another for grant of compensation, for which necessary permission be given.
(3.) The only prayer, therefore, that requires consideration is whether the acquittal of Baljit Singh (respondent No.2) by the learned Additional Sessions Judge, Gurdaspur is proper. We have heard learned counsel for the appellant and perused the judgment. FIR in the case was registered on the statement of Davinder Singh (complainant) - appellant who is the younger brother of deceased Paramjit Singh. According to the appellant complainant, he has two brothers namely Paramjit Singh (deceased) and Dalbir Singh. His elder brother Paramjit Singh (deceased) was married to Gurpreet Kaur (convict respondent No.6) daughter of Daljit Singh, resident of village Bhadur and was residing in USA along with his family. His second brother Dalbir Singh was resident of Australia. His brother Paramjit Singh (deceased) along with his wife Gurpreet Kaur (convict-respondent No.6) and son Karanbir Singh aged about 5/6 years had come to their village from Australia on 19.1.2011. Paramjit Singh along with his wife Gurpreet Kaur and son Karanbir Singh had gone to his in-laws house at village Bhadur in his car on 22.2.2011. The complainant had also gone to village Bhadur on his separate motorcycle. At about 4:30 p.m., his brother Paramjit Singh, wife of his brother Gurpreet Kaur and their son started for Gurudawara Bibi Sundri Ji in his car bearing registration No.PB-06-D-8474. The complainant followed them on his motorcycle bearing registration No.PB-58-E-5928. After paying obeisance at Gurudawara Bibi Sundri Sahib, they started for their village along the storm water drain ('saem nala'). When they had just crossed the bridge of the storm water drain ('saem nala'), a white colour car, make I-10 came from behind. The complainant could not read its complete number and could read only PB-09. Three young men were travelling in the car. They overtook the car of the brother of the complainant and stopped the car of his brother Paramjit Singh. Thereafter, two unknown persons came out of the said white colour car and attacked his brother Paramjit Singh with 'kirch' like weapons. His brother suffered serious injuries on account of the 'kirch' blows that were inflicted and he fell down on the ground. The complainant parked his motorcycle and ran towards his brother to save him. In the meanwhile, both the said unknown persons fled away from the spot in their car towards G.T. Road leading from Mukerian towards Gurdaspur. The complainant put his brother Paramjit Singh in his Maruti car and took him to Civil Hospital, Gurdaspur where he was declared dead.;