AMOLAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide his judgment and order dated 29.7.1983 the learned Additional Sessions Judge, Barnala, convicted the appellant under Section 302, Indian Penal Code and awarded him imprisonment for life and a fine of Rs. 2,000/- or in default of payment of fine to undergo further rigorous imprisonment for six months.

(2.) Smt. Sukhwinder Kaur, wife of the appellant, made a statement Ex. PC before S. I. Baldev Singh P.W. 14 on the basis of which first information report Ex. PC/2 was lodged at Police Station, Shehna, district Sangrur, on 21.9.1%2 at 6.05 A.M. that her daughter Paramjit Kaur deceased was missing. She lay suspicion on the appellant because she thought that the appellant did not like her. The prosecution produced Ghichar Singh PW3 and Dhana Singh P.W. 4 who stated that the deceased was last seen in the company of the appellant. The evidence of these two witnesses appear to be innocuous in character because there is nothing wrong in a six yearsT old daughter being seen in the company of her father. The other item of evidence produced by the prosecution consisted of the statement made by Bachan Singh P.W. 5 and Inder Singh P. W. 6 who deposed that the appellant approached them, confessed his guilt before them and requested them to produce him before the police. However, Madan Lal, P.W. 2 who was a teacher in the Primary School, Chananwal, wherein the deceased used to study, admitted in cross-examination that on 24.9.1982 Balwant Singh, Sarpanch of the village, called the appellant, gave him a few slaps when he blurted out that he had killed his daughter. He also stated that the police was present at that time. The evidence of this witness gives a direct lie to the statement made by Bachan Singh and Inder Singh P.W. 6. Concededly there is no other item of evidence against the appellant.

(3.) For reasons aforementioned, we give the benefit of doubt to the appellant, allow this appeal and acquit him of the charge. The fine if paid shall be returned to him. Appeal allowed.