MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this appeal under Section 14 of the Terrorists Affected Areas (Special Court) Act, 1984. the appellant has challenged his conviction and sentence recorded by the learned Judge of the Special Court, Ferozepur on 7-12-1984.

(2.) The prosecution case in brief is that at about 11.15 p.m. on 25th June, 1984 while Mangat Ram deceased was sleeping on the roof of his house someone scale d over the wall and after coming to the roof fired a shot at the deceased. The wife of the deceased Kanta Rani PW3, who was sleeping on a separate cot woke up on hearing the shot. She found a person with muffled face standing on the roof with a revolver in his hand. Rajender Kumar PW4 son of the deceased and Saroj Bala daughter of the deceased, who were also sleeping on separate cots on the roof also woke up on hearing the firing of the shot and raised noise, whereupon the assailant fled away. Mangal Ram died on the spot. Leaving Rajender Kumar PW4 and Sarojbala to guard the dead body Kanta Rani PW3 went to the police station to lodge the First Information Report at about 11.45 p.m. In that report Kanta Rani PW3 disclosed about occurrence and stated that her husband had been murdered by some mischievous person. The investigation was taken in hand and after completion of the investigation the appellant was challaned and sent up for trial for offences under Sections 302 and 449 IPC.

(3.) At the trial the prosecution reliedupon the testimony of PW3 Kanta Rani and PW4 Ranjender Kumar besides Amarjeet Singh PW6, the medical witness and the investigating officer, to connect the appellant with the crime.