ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Ashwani Kumar @ Babbi, Ganesh Raj @ Bitu and Surjit Singh @ Titu to challenge their conviction by the learned Addl. Sessions Judge, Hoshiarpur for house tress-pass, double murder, rape and assault. The appellants were sentenced to undergo various terms as given in detail in the judgment of the trial Court vide judgment dated February 10, 1998. Feeling aggrieved the appellants have filed the present appeal.

(2.) ON the report of August 23/24, 1993 the homestead (dera) of Dalmir Mohd. (80) in Musahibpur was invaded by three men. Dalmir Mohd., his daughter Dil Bibi (35, PW 5), Dil Bibi's daughter Seema (9 months) and Dalmir Mohd.'s son's daughter Leema 17, PW 4) were lying asleep on cots. The men were armed with sickles. They caught hold of Leema but when she raised an alarm her grand father Dalmir Mohd. and Dil Bibi also woke up and tried to rescue her, whereupon Dalmir Mohd. was hit on the face. The investigating officer commenced investigating by inspecting the place of occurrence and preparing the rough site plan. He also took blood stained earth from the spot where the dead bodies of Dalmir Mohd. and Seema were lying. Inquest reports of the dead bodies were prepared. However, the investigation was transferred to ASI Darbari Lal (PW 12) who on September 7, 1993 arrested Ashwani Kaur, Dinesh (a.k.a Ganesh) and Surjit Singh, the appellants herein, who were already in custody of the police in FIR 72/93 under Section 307 IPC and 25 Arms Act registered at PS Mukerian. They were medico-legally examined and interrogated on September 8, 1993. On the basis of interrogation an axe was recovered from the possession of Surjit Singh who had kept it concealed in a rivulet. Ashwami Kumar got a sickle recovered from bushes on the banks of a rivulet. After completion of the investigation, the three accused were sent up for trial.

(3.) WHEN the accused were examined without oath under Section 313 Cr.P.C. they pleaded false implication and stated that they had been taken into custody by the police on the next day at the instance of the accused in the village. Some unknown person had killed the deceased because Dil Bibi deserted her husband and was living with her father. The accused were called upon to enter defence but they did not examine any defence witness.