- (1.) This Crl. Misc. application under Section 5 of the Limitation Act for condonation of delay of 10 days in filing the petition under Section 378(3) of the Code of Criminal Procedure, and the appeal has been moved, by the Public Prosecutor for the State. This application is duly supported by an affidavit of Mohinder Pal Singh, Junior Assistant, Office of the Advocate General, Punjab, Chandigarh. After going through the pleas, taken up in the application, duly supported by the affidavit referred to above, we are of the considered opinion, that the delay was neither intentional nor deliberate. It is, therefore, a fit case in which delay of 10 days, should be condoned. In this view of the matter, the application is allowed and delay of 10 days in filing the petition under Section 378 (3) and the appeal is condoned. Criminal Misc. application is disposed of accordingly.
(2.) This petition under Section 378 (3) of the Code of Criminal Procedure seeking permission to file an appeal, against the judgment of acquittal dated 10.8.2007 rendered by the Court of Additional Sessions Judge, Bathinda has been moved by the Public Prosecutor for the State.
(3.) The facts, relevant for the decision of the petition, are that on 6.12.2005 Gurnaib Singh, complainant, along with his mother Chhinder Kaur, came to the Village Dipali to see Pritam Singh and Dara Singh his maternal Uncles. Dara Singh, at that time was lying under the influence of liquor. Gurpreet Singh, accused, and Lakhvir Singh were sitting near him, at that time. Both of them were known to the complainant. On being asked by the complainant, the accused disclosed that they were having some work, with Pritam Singh. Thereafter, the complainant and his mother came back to their Village. On 11.12.2005, a telephonic call was received from Gurmail Singh, alleged to be maternal uncle's son of the complainant in brotherhood, to the effect, that Pritam Singh was not available, at his house since the day the complainant and his mother left Dhipali on 6.12.2005. Thereafter, the complainant along with his mother at about 11.00 A.M., visited Village Dhipali, for ascertaining the whereabouts of Pritam Singh. Both of them found Dara Singh lying in the Court-yard of the house, while under the influence of liquor. The complainant along with his mother entered the house of Pritam Singh, and found locks put on the doors of the same, as well as his shop. Odour was coming from the residential house of Pritam Singh. When the complainant along with his mother broke open the locks of the doors, they found the dead body of Pritam Singh, lying in a pool of blood. Even some frozen blood was there on the brick floor of the house. The complainant suspected that both the accused had committed the murder of Pritam Singh. The complainant then made a statement, before the police on the basis whereof the FIR was registered.;