STATE OF PUNJAB Vs. SADHU

JUDGEMENT

(1.) This is an appeal preferred by the State of Punjab against the acquittal of the respondent-accused in a case of alleged murder. Chanan Singh deceased, aged 90 years, a resident of village Rahon, within the area of Police Station, Nawanshahar, had come to see his sister's son Avtar Singh P.W.-.2, on 13.8.1989 at village Nurpur, Police Station, Banga. On 15.8.1989, at about 4.00 A.M. both of them went to the tubewell to ease themselves. Avtar Singh P.W.-.2 was still easing while Chanan Singh went towards the water reservoir to take bath. It was then suddenly that the respondent-accused Sadhu, who was working as a Labourer and hailed from the State of Bihar armed with a Takwa - a sharp edged weapon - attacked Chanan Singh and killed him at the spot. Avtar Singh P.W.-.2 could not restrain respondent accused from giving more blows. On hearing the alarm raised by Avtar Singh P.W.-.2. Sukhbir Singh and Gurdev Singh were attracted to the scene of occur- rence. This led to the recording of the statement of Avtar Singh P.W.-.2, on 15.8.1989 at 9.00 A.M. by S.I. Joginder Singh P.W.-.5 and on its basis formal F.I.R. Ex.PE was recorded at 10.00/11/00 A.M. on 15.8.1989. The special report reached the Ilaqa Magistrate at 4.30 A.M. on the same day. The case was investigated by S.I. Joginder Singh P.W.-.5. The respondent-accused was arrested on 12.9.1989 and recovery of Takwa in pursuance of his disclosure statement was effected. After completion of the investigation. the respondent-accused was put to trial.

(2.) As per post mortem report Ex.PA, Chanan Singh deceased received as many as l 1 injuries. The injuries obviously were stated to be sufficient to cause death in the ordinary course of nature.

(3.) The respondent at the trail claimed that he had been falsely implicated in this case. According to him, then was a dispute between him and Avtar Singh P.W.-.2 as the latter was not paying his salary. The learned Additional Sessions Judge, trying the case accorded the benefit of doubt to the respondent-accused and acquitted him of the charge framed against him.