Balwant Singh v. State Of Punjab And ORS

Crl. Misc. No. A-1183-MA of 2014 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. A-1183-MA of 2014 Date of Decision: 05.2.2015.

Balwant Singh .......Applicant

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. G.S.Sirphikhi, Advocate for the applicant.

**** SABINA, J.

Respondents No. 2 to 4 had faced trial along with their co-accused in a complaint filed by the applicant under Section 306/34 of the Indian Penal Code, 1860 ('IPC' for short). Trial Court vide order dated 28.2.2014 ordered the acquittal of respondents No. 2 to 4. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 praying for leave to appeal by the applicant-complainant.

I have heard the learned counsel for the applicant and have gone through the record available on the file carefully. Prosecution story, in brief, is that Ravinder Singh, nephew of the complainant, was married to Baljinder Kaur about 14 years prior to the occurrence. The couple were blessed with three children. Accused raised a demand of ` 5,00,000/- from Ravinder Singh for sending accused Sukhjinder Singh to a foreign country. Ravinder Singh sold his agricultural land and gave the money to accused Ranjit Kaur. However, Ranjit Kaur failed to GURPREET SINGH 2015.02.10 10:20 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Misc. No. A-1183-MA of 2014 -2return the money to Ravinder Singh. Baljinder Kaur developed illicit relations with accused Gurdev Singh. Baljinder Kaur left her matrimonial home on 24.6.2009 and she was brought back to the matrimonial home on 28.6.2009 by Ravinder Singh. On 30.6.2009, Ravinder Singh consumed poison and died.

Trial Court while ordering the acquittal of respondents No. 2 to 4 held that there was no evidence on record to establish that they had abetted the commission of suicide by Ravinder Singh. As per the prosecution witnesses PW-2 Sukhjinder Kaur and PW-3 Balwant Singh, accused Bhagwanti and Baljinder Kaur were talking to each other that they had done the work of Ravinder Singh and now they could go anywhere. The learned Trial Court rightly came to the conclusion that the allegations have been levelled against respondents No. 2 to 4 by the complainant only with a view to rope in the entire family in this case. The reasons given by the learned Trial Court while ordering the acquittal of respondents No. 2 to 4 are sound reasons.

No ground is made out to grant leave to file an appeal. Accordingly, this application is dismissed.

(SABINA) JUDGE February 05, 2015 Gurpreet GURPREET SINGH 2015.02.10 10:20 I attest to the accuracy and authenticity of this document Chandigarh