LAWS(P&H)-2001-3-215

STATE OF PUNJAB Vs. KEWAL NATH AND OTHERS

Decided On March 27, 2001
STATE OF PUNJAB Appellant
V/S
KEWAL NATH AND OTHERS Respondents

JUDGEMENT

(1.) This appeal against acquittal filed by the State of Punjab arises out of the following facts :

(2.) To bring home the charge against the accused, the prosecution examined P.W-1 Dr. Vijay Kumar, who had conducted the post-mortem examination on the dead body and had found 16 injuries thereon including a large number of burn injuries; P.W-2 Ram Charan, the complainant and an eye-witness to all that had happened; P.W-5 Harsurinder Singh Kanungo, who had prepared the site plan; and P.W-8 SI Jaspal Singh, the Investigating Officer.

(3.) The prosecution case was then put to the accused and their statement recorded under Section 313 of the Code of Criminal Procedure. They denied the very existence of the dera and asserted that they had been residing in village Sahera and had been involved in a false case.