SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 24.5.2007 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal No.809 DBA of 1997 allowing an appeal preferred by the respondent herein from a judgment of acquittal passed by the learned Sessions Judge.

(2.) The prosecutions case (supra) is as under : At about 8.00 pm on 16.2.1991, one Gurdev Chand (PW4, his brother Sheru (PW5, aged 11 years and another brother Sakander (the deceased) aged about 13 years had gone outside the village to answer the call of nature. Appellant who is said to have been armed with datar along with one Manga came on their way. Whereas Manga is said to have raised a lalkara that the complainant be taught a lesson for selling adulterated liquor with water, Sucha Singh gave a datar blow on the deceased. Allegedly, Manga gave a datar blow on Sheru (PW5). On their raising cries, Bhindi, younger brother of the first claimant, came on the spot, whereafter the accused ran away with their weapons. The deceased was removed to civil hospital, Pathankot where he died.

(3.) A first information report was lodged at about 12.05 noon on 17.2.1991.