Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 19.8.2003, rendered by the Court of Additional Sessions Judge, Ferozepur, vide which it convicted the accused, for the offence punishable under Section 302 IPC, and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/ -, and in default of the payment of fine, to further undergo RI for a period of two years and acquitted him for the offence, punishable under Section 148 IPC. All other accused namely Latkan Singh, Mohinder Singh, Om Singh, Joginder Singh, Krishna Bai and Taro Bai were acquitted for the offences, punishable under Sections 302/149 and 148 IPC.
(2.) MUKHTIAR Singh, complainant, filed a criminal complaint that on 6.9.1998, at about 10.00 A.M., that he, his father Kartar Singh, deceased, brother Paramjit Singh and his wife Pritam Kaur were present in his house in the area of Village Lamochar Khurd (West), Tehsil Jalalabad (West), Distt. Ferozepur. They had got a new bore dug, for the installation of a hand -pump, in their house, and the same had already been put into operation. Suddenly, from the side of the house of Balwant Singh, they heard the voices "Be caught hold, not allowed to go". At that time, small gate of his house, towards the street was open. When he went ahead, he saw that the accused were having bricks, in their hands, and while raising exhortations entered his house. His father stepped forward to stop them, Jaswant Singh hurled the brick held in his hand, which hit the right side of the head of his father. The remaining accused also hurled bricks towards them, as a result whereof, Kartar Singh, his father fell down and became unconscious. On account of the injuries, sustained by him, in the said occurrence, he died at the spot. When they raised an alarm, all the accused ran away. About the murder of his father, in the aforesaid occurrence, he gave information to the ASI, Police Post Ghubhaya. The ASI had registered FIR No. 188/98 dated 6.9.1998 under Sections 304 and 452 read with Section 34 IPC. The ASI reached the spot and took the dead -body of his father, into possession, and sent the same for post -mortem examination. Neither the Police had arrested the accused, nor any action was taken against them. He approached the SHO of Police Station Sadar Jalalabad (West) and requested him to arrest and challan the accused. He also moved a number of applications, before the higher authorities, for the arrest of the accused and presentation of challan. The police, however, submitted a cancellation report which was accepted by the Court. The motive for the occurrence, as narrated in the complaint was to the effect that the accused were their neighbourers. The sons of Mukhtiar Singh, complainant and Jaswant Singh, accused, had been studying together in a school of the Village. A few days, before the present occurrence the son of Jaswant Singh had given beatings to the son of Mukhtiar Singh. Wife of Mukhtiar Singh had complained about this, after going to the house of the accused. On making of the complaint, a quarrel had taken place, between the wife of the complainant, and the family members of Jaswant Singh. Jaswant Singh and his family members were having a grudge, against his family due to this reason. Jaswant Singh and Latkan Singh used to give threats, to kill them and had also been using bad language, for their children, and the ladies. About that act of the accused, he had moved an application, to the Officer Incharge, Police Station Sadar Jalalabad (West), but the police did not take any action against them.
(3.) WHEN the case relating to the FIR which was got registered by the complainant with regard to the occurrence, was got cancelled by the police, left with no alternative, the aforesaid complaint was filed by the complainant.;