STATE OF PUNJAB Vs. TEHAL SINGH

JUDGEMENT

(1.) FATHER of Pehalwan Singh (now deceased) reported to ASI, Lachhman Singh of Police Station Sadar Ferozepur, at 7. 40 p. m. , on February 9, 1987 within the precincts of Civil Hospital, Ferozepore, that on February 9, 1987 around 4. 30 p. m. , while the marriage party of his son Mohinder Singh was in the house of Fauja Singh in village Jalalwala and the marriage of Mohinder Singh was being solemnised with the daughter of Fauja Singh, his youngest son Pehalwan Singh as also the photographer taken alongwith it by the marriage party developed an altercation with Tehal Singh and his son Sulla Singh both accused, over the taking of photographs of the bride and the bridegroom together as also of other relations attending the marriage; whereupon Tehal Singh gave a Lalkara that both of them viz Pehalwan Singh and the photographer should be taught a lesson for departing from the settled practice in this regard amongst Rai Sikhs of the area and his son Sulla Singh took out a Sota and gave a blow with it on the head of Pehalwan Singh which proved fatal. In the course of investigation, it transpired that there had been a melee at the time when Pehalwan Singh (now deceased) sustained the head injury and that the fatal blow on the head of Pehalwan Singh was given by Amir Singh and not by Sulla Singh.

(2.) ON being charged with the commission of the offence under Section 302 of the Indian Penal Code in the alternative both Sulla Singh and Amir Singh and in respect of the charge under Section 302 read with Section 34 of the Indian Penal Code their co-accused Tehal Singh, all of the three, pleaded 'not guilty' thereto and claimed to be tried.

(3.) LEARNED trial Court acquitted Amir Singh accused on October 30, 1987 because the prosecution had not produced any inculpatory evidence against him in the course of trial, Even his statement under Section 313 of the Criminal Procedure Code was also not recorded on that score. Vide its impugned judgment dated, December 12, 1987, learned trial Court acquitted the remaining two accused as well by giving the benefit of doubt. Feeling aggrieved from the impugned judgment dated December 12, 1987 of the learned trial Court the State of Punjab has filed Criminal Appeal No. 268-DBA of 1988 in this Court.