SALIM MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal appeal i.e CRA No.D-138-DB of 2012, titled Salim Masih versus State of Punjab and Murder Reference No. 2 of 2012, titled State of Punjab versus Salim Masih arise from the common impugned judgment and order. These are, therefore, being decided by this common judgment.

(2.) Case of the prosecution is that on the intervening night of 15/16.05.2009, Navraj Singh complainant went to the house of Gurbax Singh, located in the area of village Kala Afghana for some personal work and after having a conversation, both Navraj Singh, complainant and Gurbax Singh were going in the street of the village. They heard the shrieks from the house of the deceased (name kept secret). Thereupon, both entered in that house, where an electric bulb was on at about 11:30 p.m. They both found Salim Masih appellant trying to commit rape on deceased and the latter was resisting the former. It is alleged that Salim Masih appellant picked up a brick lying, nearby, and gave its two blows on the forehead of the deceased.

(3.) When Navraj Singh, complainant and Gurbax Singh raised alarm, appellant ran away. Deceased was removed to Civil Hospital, Batala, where she succumbed to her injuries received in the incident on the morning of 16.05.2009. Aforementioned statement Ex.PW2/A of Navraj Singh, complainant was recorded by Harbhajan Singh, SI, whereon, latter put his endorsement Ex.PE/1 and sent the same to police station, where formal FIR Ex.PA/2 was recorded. Later, Harbhajan Singh, SI inspected the place of occurrence and prepared rough site plan Ex.PB, thereof, He found a blood stained brick and salwar lying there, whose separate parcels were prepared, that were seized vide memo Ex.PC.