STATE OF PUNJAB Vs. AMAR SINGH

JUDGEMENT

(1.) THE State of Punjab is aggrieved by the judgment dated 9.4.1992 passed by the Additional Sessions Judge, Amritsar, by which he acquitted the accused respondents and Lekha Singh and Pritam Singh of charge under Section 302 read with section 34 of Indian Penal Code for having committed the murder of Sadha Singh father of Hardial Singh PW -2.

(2.) BRIEFLY stated, the facts of the prosecution case as emerged from the testimony of the witnesses are that on 23.5.1989 Hardial Singh PW -2 was present in his house in village Mullanangal along with his father Sadha Singh and uncle Dara Singh. At about 9 P.M. the respondents came there and asked Sadha Singh to accompany them to the tube well. Hardial Singh PW -2 did not like the idea because the relations between them and the accused were strained and as such he tried to persuade his father not to go with the respondents. Against the advice of Hardial Singh, his father accompanied the respondents, who told that very soon, Sadha Singh would be free. Hardial Singh and Dara Singh waited for about two hours for the return of Sadha Singh and when they heard a raula coming from the fide of tubewell of Amar Singh, they rushed towards that place and from a distance of about 5/6 karams found that Sadha Singh had been thrown on the ground and the respondents were giving injuries to him with the wrong side of kulhari. Lakha Singh and Pritam Singh, who had also been named as the assailants, were also present there and with dangs were causing injuries to the father of Hardial Singh. During the course of the occurrence, Sadha Singh caught hold of kulhari with which Amar Singh was causing injuries to him whereupon all the accused fled away from the spot leaving behind the kulhari. After occurrence, Hardial Singh and Dara Singh went near Sadha Singh and tried to pour water in his mouth but Sadha Singh could not drink water and he died there and then, Hardial Singh and Dara Singh did not go to the police during the night on account of fear of the accused and the matter was reported to the police next morning at 8.30. A.S.I. Gurdip Singh Investigating Officer went to the spot whereupon statement Ex.PC of Hardial Singh was recorded. A ruqqa was sent to Police Station, Majitha and on its basis, formal F.I.R. Ex.PC/2 was recorded. After registering the F.I.R., A.S.I. Gurdip Singh PW -4 went to the spot and after examining the body of Sadha Singh, prepared inquest report Ex.PB where after the body was sent to the hospital for post mortem examination. He also prepared rough site plan Ex.PF. Dara Singh produced kulhari before A.S.I. Gurdip Singh Investigating Officer, who took it into possession vide memo Ex.PD. The statement of Hardial Singh PW -2 was recorded. The respondents were arrested on 3.6.1989. On 17.6.1989 Amar Singh respondent made a disclosure statement before the Investigating Officer and got discovered two Sotas from the heap of Turi lying in the cattle shed, which was taken into possession through memo Ex.PJ. Pritam Singh and Lakha Singh accused were arrested on 14.6.1989, when they were produced by Constable Wazir Singh before the Investigating Officer. Blood stained clothes, which had been removed from the dead body of Sadha Singh, were taken into possession vide recovery memo Ex.PK. On completion of the investigation, the challan was put in Court.

(3.) ON going through the papers sent up for trial, the trial Court was of the view that a prima facie case under Section 302 read with Section 34 I.P.C. was made out against the accused and, accordingly, charge was framed against them. The respondents and Lakha Singh and Pritam Singh pleaded not guilty and claimed trial.