CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by Chaman Lal, whose daughter is alleged to nave been murdered by respondent No.2, in challenge to judgment dated 30.8.2007, passed by the Sessions Judge, Patiala, whereby respondent No.2 has been acquitted of the charge under Section 302, Indian Penal Code. The FIR was lodged at the instance of informant Gurdev Singh, indicating that on 4.5.2005 at about 8 AM, while he was working in the fields, he noticed a dead body of a woman lying in the "Khal".

(2.) The case against respondent No,2 was made on the basis of circumstantial evidence. The trial court has acquitted respondent No.2 while taking into account the reason that informant Gurdev Singh appeared as PW-1 and deposed to the effect that he got his statement dated 4.5.2005, Exhibit PA, recorded on the basis of information given by Chaman Lal that his daughter was missing since the last night and had been killed by some unidentified person(s). Thus, as per the prosecution case, till the registration of the FIR, there was no suspicion against any Chaman Lal, PW-2, in cross-examination, admitted that the police had apprehended the accused the same day. In view of this statement of Chaman Lal, the court has concluded that the prosecution case becomes highly doubtful regarding the arrest of the accused and, later on, he being produced by PW-9 Jaswant Singh on 10.5.2005.

(3.) Likewise, the proceedings regarding disclosure statement of the accused regarding recovery of wire, taking of mould of the accused and extra judicial confession dated 10.5.2005 become doubtful. This is so because Kamlesh died on the intervening night of 3/4.5.2005. PW-9 Jaswant Singh is the witness of extra judicial confession, who stated that on 10.5.2005, at about 8 AM, the accused came to him and disclosed that he had murdered his wife as he had doubt on her character and he be produced.