STATE OF PUNJAB Vs. LABH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Bathinda, dated 4.2.1987 whereby Labh Singh accused was acquitted of charge under Sections 302/452 of the Indian Penal Code for intentionally causing the death of Mithu Singh by committing criminal tres -pass in the house of Mithu Singh after having made preparation for causing hurt to Mithu.

(2.) IN brief facts relevant for the disposal of this appeal, as emerge from the first information report lodged by Sukhdev Singh brother of the deceased and an eye -witness in this case, are that on 27.12.1985 at about 4/5 p.m. he and his sister Sukhminder Kaur were taking tea in the kitchen whereas their brother Mithu Singh was taking tea in the court -yard of their house. In the meanwhile Labh Singh accused came in their court -yard and raised a lalkara that he would teach a lesson to Mithu Singh for carrying on with his brother's wife Gurmelo. On hearing that lalkara both Sukhdev Singh and Sukhminder Kaur came out of the kitchen and in their presence Labh Singh accused gave four Gandasa blows from its sharp side to Mithu Singh on the right cheek below left ear on the nape of the neck, and on the dorsum of the left hand. On receipt of the said injuries Mithu Singh fell down on the ground and there was profuse bleeding. He and his sister raised alarm 'MAR DITTA MAR DITTA'. While hurling abuses Labh Singh accused ran away from the spot along with his Gandasa. Sukhdev Singh and his uncle Jit Singh after arranging tractor trolley took Mithu Singh to Civil Hospital, Budhlada for treatment. From there the injured was being taken to Civil Hospital Mansa by Jit Singh aforesaid, when he died on the way. Sukhdev Singh PW met ASI Japan Singh who recorded his statement and on its basis formal F.I.R. was registered at the Police Station. After completion of the investigation the accused was challanged, tried and acquitted as stated earlier. Aggrieved against the order of acquittal passed by the trial Court the State has filed the present appeal. We have heard the learned counsel for the parties and have carefully perused the record.

(3.) ON behalf of the State, it was mainly contended that it is a case of single accused and testimony of Sukhdev Singh and Sukhminder Kaur two close relations of the deceased is worthy of credence, the same finds ample corroboration from the medical and other circumstantial evidence on the record and is sufficient to bring home charge concerning house trespass and commission of murder of Mithu Singh beyond any reasonable doubt against the accused.