STATE OF PUNJAB Vs. BAKSHISH SINGH

JUDGEMENT

(1.) SMT Balbir Kaur widow of Jagir Singh (now deceased) stated to the police in Police Station, Kartarpur, of Jalandhar district in Punjab State at 7 15 P.M. on 29th July, 1974 vide First Information Report Exhibit PG/2 as follows :-

(2.) MAIN accused Bakhshish Singh was charged under section 302 of the Indian Penal Code while co-accused Kishan Singh and Malook Singh were both charged under section 302 read with section 34 of the Indian Penal Code. Learned trial court acquitted the two co-accused vide order Exhibit DC dated 19th August, 1975 Thereafter the main accused Bakhshish Singh also surrendered before the learned trial court, raised a plea of not guilty to the charge framed against him and was, therefore, tried separately. Vide its impugned judgment dated Ist June, 1981 learned trial court, however, acquitted him of the charge under section 302 of the Indian Penal Code. Feeling aggrieved from the judgment of acquittal aforesaid dated Ist June, 1981 the State of Punjab has filed Criminal Appeal No. 50-DBA of 1982 in this Court.

(3.) FIRST Information Report of the occurrence was recorded at 7.15 P.M. on 29th July, 1974. Special report of the occurrence reached the Ilaqa Magistrate at 9.55 A.M. on 9th July, 1974 i.e. 14 hours and 40 minutes after the recording of the First Information Report. In terms of the Supreme Court observations in The State of Punjab v. Tarlok Singh, AIR 1971 SC 1221 and Ishwar Singh v State of Uttar Pradesh, AIR 1976 SC 2423 the reasonable conclusion is that the First Information Report was in fact, recorded much late and afforded to the prosecution adequate time to introduce improvements and embellishments and set up a distorted version of the occurrence. The relevant observations read :