STATE OF PUNJAB Vs. RAMESH CHAND

JUDGEMENT

(1.) AROUND 11.30 A.M. on April 10, 1985, ASI Sohan Singh of Police Station, Dhuri learnt in village Ranchna alias Rajinder Puri of Sangrur District in Punjab State that Smt. Tara Wanti and her two sons, named Sonu and Monu had caught fire from the blaze emanating from the stove when Tara Wanti was preparing tea and their bodies got charred on this account. The ASI took them all the three injured to Civil Hospital, Dhuri in government jeep. Tara Wanti and her son Sonu died inside the hospital. Monu was removed to C.M.C Ludhiana by his maternal uncle wherein he also died at 5.30 P.M. on the same day viz. April 10, 1985.

(2.) ADHERING to the version of accidental deaths by burn from the stove blaze father Jagan Nath of Tara Wanti (now deceased and her brother Surinder Kumar moved application Ex. PA before the then SDM Malerkotla Shri Harjit Singh, PCS PW 1 that all the three dead bodies should be given to the legal heirs without getting their post mortem done. Police endorsed their application and the learned Sub Divisional Magistrate made the desired order Ex. PA/2 after satisfying himself that there was no foul play Inspite of it, on request from Som Nath another brother of deceased Tara Wanti, the police got the post-mortem done. Since the post-mortem only confirmed the earlier version of their accidental deaths, the police did not take any action against the accused.

(3.) ON being charged with the commission of the offence under Section 302 of the Indian Penal Code for intentionally causing the death of Tara Wanti and her two children in village Ranchna at 11.30 A.M. on April 10, 1985, all the four accused pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated December 8, 1988, learned trial Court acquitted all the four accused holding that the prosecution has failed to prove the charge against them. Feeling aggrieved therefrom, the State of Punjab has filed Crl. Appeal No. 332 DBA of 1988 in this Court. Som Nath brother of deceased Tara Wanti has also filed Criminal Revision No 671 of 1988 against it. Since both the appeal as also the revision are directed against the same impugned judgment of the learned trial Court and involve common questions of law and fact for determination, these have been heard and are being disposed of together.