MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose. of Criminal Appeal Nos. 275-SB and 276-SB of 1986, as both these appeals arise out of the same judgment.

(2.) LIBERTY is the most cherished human right. These appeals provide a typical example how a citizen can be deprived of the Constitutional guarantee of personal liberty by the delays in disposal of the cases and thus bring the judicial mechanism to ridicule. The appellants served their sentence of five years of imprisonment long before listing of these appeals for hearing. A mere glance at the judgment of the trial Court clearly shows that these convictions cannot be sustained under law.

(3.) IT is to be seen whether there is legally acceptable evidence to show whether the accused were guilty of the offence under Section 201 IPC. There cannot be any doubt that Gurbax Singh died due to asphyxia as a result of strangulation in view of the evidence of P.W. 1, a Medical Officer who conducted the post-mortem examination on the dead body of Gurbax Singh about more than ten days after the death. According to the case of the prosecution the dead body was buried in the house of the deceased consisting of only one room as per plan Ex. PJ by the accused to conceal the evidence of the murder. PW. 3 Balwinder Singh on whose complaint the case was registered by the police in FIR No. (sic) was declared result and was cross-examined by the prosecution. He stated that he did not lodge any report about the occurrence at Police Station Samaria. He further stated that he identified the dead body of Gurbax Singh at the time of post-mortem. In the cross-examination by the accused, he stated that the police was searching and making enquiries about the disappearance of Gurbax Singh since 10/12 days prior to the recovery of the dead body. He also stated that Anoop Kaur (A.2) and his mother were also detained in the police station till the time of digging out the dead body. He also stated that A.1 was also detained in the Police Station for 10 or 15 days before recovery of the dead body. It is suggested to P.W. 3 in the cross-examination by Addl. P.P. that he stated in his complaint Ex.PD that Anup Kaur told him that the dead body was buried in the house.