STATE OF PUNJAB Vs. MAHIPAL SINGH AND ANOTHER

JUDGEMENT

(1.) State has challenged the judgment of acquittal recorded qua respondents Mahipal Singh and Parmod Raj @ Vinod Kumar @ Bona under Section 302 IPC and the acquittal of accused Parmod Raj @ Vinod Kumar @ Bona under Section 376 IPC.

(2.) It is the brief case of the prosecution that on 3.8.1997, PW-6 proceeded to Ludhiana to purchase medicines. Joginder Singh (since deceased) who was a driver by profession, was standing at the Ludhiana Bus Stand. Joginder Singh asked PW-6 to stay with him at Ludhiana as there was no bus to go to her village. PW-6 agreed for such a proposal. Joginder Singh booked one room at Hotel Aashirwad. PW-6 and Joginder Singh stayed at Room No. 207 in the said hotel. Joginder Singh placed with accused Parmod Raj @ Vinod Kumar @ Bona who was a waiter an order for liquor. Accused Parmod Raj @ Vinod Kumar @ Bona served meals to them. At about 1 AM during midnight, when PW-6 and Joginder Singh were present in the room, accused Mahipal Singh who was the Manager of the Hotel along with said Parmod Raj @ Vinod Kumar @ Bona came to their room and informed that checking of the hotel was going on and therefore, both of them should be separated and accommodated in different rooms. PW-6 pleaded that she should not be separated. Accused Mahipal Singh and Parmod Raj @ Vinod Kumar @ Bona caught hold of Joginder Singh and took him to a separate room. Thereafter, both the accused returned to her room and tried to commit rape upon her. She made an effort to avoid commission of rape. Both of them gave slaps to her. Accused Mahipal Singh left the room and accused Parmod Raj @ Vinod Kumar @ Bona bolted the door from inside and committed rape upon her. Thereafter, accused Parmod Raj @ Vinod Kumar @ Bona opened the bolt of the door. Joginder Singh and accused Mahipal Singh also reached there. She described the whole occurrence to Joginder Singh who got angry with accused Parmod Raj @ Vinod Kumar @ Bona and Mahipal Singh. Accused also gave beatings to Joginder Singh and took him to room No. 204. They having bolted the door from inside, gave beatings to him. Joginder Singh raised raula 'Na Maro Na Maro'. After some time, they opened the door but Joginder Singh was not present in the room. She saw Joginder Singh, from the gallery on the back-side of the room, lying on the road. Parmod Raj @ Vinod Kumar @ Bona and Mahipal Singh had thrown Joginder Singh after giving severe beatings to him. PW-6 took Joginder Singh in a rickshaw to a hospital but Joginder Singh died on the way.

(3.) PW-10 Binder Singh who was the proprietor of Aashirwad Hotel at Ludhiana, deposed before the trial Court that accused Mahipal Singh was working in his hotel as Manager while accused Parmod Raj @ Vinod Kumar @ Bona was working as Waiter, in the year 1997. Referring to entry No. 283, Exhibit PW-1/1, in the Register of the Hotel, he deposed that Joginder Singh had stayed in the hotel along with a lady in the name of Pandhi Kaur. Mahipal Singh had in fact made an entry Exhibit PW-1/1. He denied that Joginder Singh had an accidental fall in his hotel. He also stated that there was no police raid in his hotel on the said day.