Criminal Revision No.528 of 2010

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Revision No.528 of 2010

Date of decision:-17.1.2012

Dudh Nath

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:-

Mr. S.K. Arora, Advocate

for the petitioner.

Mr. Rajinder Mathur, AAG Punjab.

RITU BAHRI J.(Oral)

This is a revision petition against the order dated

24.7.2009 passed by the Sessions Judge, Ferozepur whereby

respondent Nos.2 and 3 have been acquitted of the charge framed

against them under Section 302/34 IPC.

Brief facts of the case are that the complainant Dudh Nath

was working as Peon in the Canal Department. He had three sons and

a daughter. His youngest son Raj Kumar was married to Seema-

respondent No.1 about four and a half years ago and two sons were

born out of this wed lock. About a year prior to the instant occurrence,

a doubt crept in the mind of Raj Kumar (since deceased) that his wife

Seema had got illicit relations with Ajay Masih son of Shera Masih

resident of Basti Wasawa Singh Wali, Police Station Makhu. Raj Kumar

tried to persuade Seema to snap her ties with Ajay Masih. But Seema

Criminal Revision No.528 of 2010

-2-

took ill of it. Rather, she turned a deaf ear towards the advice of Raj

Kumar and after they did not have cordial relations. She kept on

meeting Ajay Masih, who also used to come to her house, even in the

presence of the complainant as well as Raj Kumar. They kept mum to

save the reputation of their family. About two months back, Seema

moved an application before the Women Cell to the effect that she

wants to take divorce from her husband Raj Kumar. However, this

matter was got compromised and it was decided that Raj Kumar would

live separate from his parents. After that, Seema went to her parents'

house at Makhu. On 31.12.2006 at about 10 AM, Seema alongwith

Ajay Masih came to their house and asked Raj Kumar to come with

them to Makhu to start a new life. At that time, Ashok Kumar son of

Prem Kumar and Aman Singh, his neighbours, were also present there.

Raj Kumar accompanied Seema and Ajay Masih, but he did not return

back and as such his whereabouts are not known. Complainant was

having suspicion that Seema and Ajay Masih had concealed Raj Kumar

with an intention to kill him.

The complaint (Ex.P8) was recorded and FIR (Ex.P8/B) was

registered under Section 364 /34 IPC. On 7.1.2007 Sub Inspector

Sanjeev Kumar accompanied by Dudh Nath visited the place of

occurrence and prepared a rough site plan (Ex.P14) of the place of

occurrence. He recorded the statement of the witnesses under Section

161 Cr.P.C. Seems was arrested on 8.1.2007. She made disclosure

statement which led that she alongwith Ajay Masih made Raj Kumar

unconscious and thereafter threw him in Rajasthan Feeder Canal near

village Wattu Bhatti. She led the police party to the pre disclosed

place where deceased Raj Kumar was thrown. Thereafter, the offence

Criminal Revision No.528 of 2010

-3-

under Section 302 IPC was added. On 16.1.2007 the investigation

was entrusted to Sub Inspector Paramjit Singh, who visited Civil

Hospital, Malaut where the dead body of Raj Kumar was lying. He got

conducted the autopsy on the dead body and after post-mortem

examination Constable Harvinder Singh handed over the wearing

apparels of the deceased to HC Vijay Kumar. The case property was

deposited with the MHC with seals intact. The challan was presented

against accused Seema.

On 30.3.2007 investigation was entrusted to Inspector

Sampuran Singh. Accused Ajay Masih was arrested on 30.11.2007

and after custodial interrogation the motor-cycle bearing registration

No.PB-08-6239 was recovered from the pre-disclosed place. This was

taken into possession vide recovery memo Ex.P12. The site plan

(Ex.P13) was prepared from the place of recovery of motor-cycle.

After recording statemen