THE STATE OF PUNJAB Vs. PAWAN KUMAR

JUDGEMENT

(1.) - Pawan Kumar accused, aged about 30 years, a Labourer, was living in village Ransota in the area of Police Station, Hajipur, along with his wife Koshalya Devi and their infant daughter Ranjana. The husband and wife had inter se litigation under Sec. 97 of the Code of Criminal Procedure. Copies of search warrant of Koshalya Devi is Ex. PH/3 whereas copies of the other civil proceedings are Ex. PH,PK,PL.PM and PN. There was ultimately a compromise. Still the husband did not feel satisfied. On 15.8.1988, Koshalya Devi and Ranjana were drowned in river Beas, one of the major rivers of the country flowing with very facts and prodigal water. The dead bodies of Koshalya Devi and the Infant child had never been recovered till today.

(2.) On 18.9.1998 (18.9.1988), Sham Lal, PW-10 brother of deceased Koshalya Devi came to approach Pawan Kumar accused to know about the whereabouts of his sister but nothing could come out of it except that he was shocked to know when told that his sister had gone to her parents. On Oct. 10,1988, the father of the deceased, namely, Durga Dass made a complaint and on its basis F.I.R. Ex. PG/2 was registered on 24.12.1988. In this way the crime remained concealed. It was for the first time i.e. on Jan. 8,1989 that Manohar Lal, PW. 11, disclosed that Pawan Kumar accused had made an extra judicial confession before him that the had drowned his wife and daughter in Beas on 15.8.1988. It was in the wake of this investigation that Shamsher Singh, PW.3, stated before the police during the investigation that he had last seen the deceased Koshalaya Devi with her minor daughter with the accused on 15.8.1998 at 4.30 p.m. when they were going together to Dassuya on a cycle. Similarly, Nanak Chand PW.4, a member Panchayat of village Beh Naggal also allegedly saw the accused and the deceased on 15.8.1988 and he was allegedly told by the accused that he along with his wife and daughter was going to village Thakar Bela to meet the uncle of Koshalya Devi and were also going for the purpose of Raksha Bandhan. Lastly, Pawan Kumar, accused also came across Parkash Chand, PW6, around 7.30 on a cycle in a perplexed condition. So with this evidence the accused was put to trial under Sec. 302/201 of the Indian Penal Code.

(3.) The learned Additional Sessions Judge, Hoshiarpur, in a detailed judgment observed that there was no sufficient evidence led by the prosecution to discharge the onus and acquitted the accused. The State of Punjab has come up in appeal against the acquittal of the accused.