PANNA LAL Vs. STATE

JUDGEMENT

(1.) BY the present appeal, the appellant challenges the judgment and order dated May 10, 1999 convicting him for offence punishable under Section 302 IPC and directing him to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) LEARNED counsel for the appellant contends that the present is a case of no evidence. The two alleged eye witnesses have not supported the prosecution case. The impugned judgment, returning a finding that the appellant absconded after the incident, fails to note that the appellant attended the court proceedings on the next day and was available throughout. No specific question has been put to the appellant qua absconsion under Section 313 Cr.P.C. and hence the same cannot be used against him. There is delay in lodging of the FIR. The prosecution version as stated by the eye witnesses in the court is corroborated by the postmortem report, which shows presence of alcohol in the stomach of the deceased. The shirt, whereon stains of blood of group 'A', was stated to be found, had been washed. The appellant could not have been wearing the same shirt for four days. No weapon of offence has been recovered. The motive has also not been proved. Even as per the post -mortem report, injuries were possible by fall. Hence the appellant be acquitted.

(3.) HEARD learned counsels for the parties. The investigation was set into motion on a call received from JPN Hospital on July 8, 1997 at 1.25 AM informing that Kishan Pal S/o Raghuveer Singh has been brought to the hospital and declared dead. On this PW -10 SI Onkar Singh along with Constable Sushil Kumar reached JPN Hospital and noticed three wounds on the belly of the deceased. The doctor told that the MLC would be available only in the morning in the mortuary. Since no witness was available at that time in the hospital, he returned to Village Gharoli, Trilokpuri where he met Bala wife of the deceased and recorded her statement Ex.PW -10/A.