(1.) This appeal has been filed by the State against the judgment dated 2.3.1994 passed by learned Sessions Judge, Amritsar, vide which the respondent was acquitted of the charges levelled against him.
(2.) The brief facts of the case are that PW2 Rajinder Singh and his mother, Santosh, had gone to village Dhotian on 22.6.1989 to the house of maternal uncle. After having their meals, Santosh had gone to sleep in the courtyard while Rajinder Singh had slept on the roof of the house. At about 3.00 A.M., Rajinder Singh had been woken up by the cries coming from the courtyard and saw Gurdial Singh, who was standing there and giving injuries to Santosh with a Datar and while doing so he was saying that he was taking revenge for the death of his father. When Gurdial Singh saw PW2 Rajinder Singh, he ran towards him with the Datar. However, Rajinder Singh escaped from the place of occurrence and hidden himself behind the house and thereafter ran away to village Sairon. From village Sairon, he got a bus and reached his village Fatehgarh Shukarchak and narrated the entire incident to his father. Then his father alongwith 2/3 respectables came back to village Dhotian. In the meantime, at about 8 A.M., Nand Singh had gone to the house of Gurnam Singh, Sarpanch, and told him that when he had gone to the house of Santosh to give milk, he had seen her dead body lying on a cot having injuries on her head and mouth with a sharp edged weapon. Gurnam Singh verified the facts and when he was going to lodge the report with the police, ASI Tarlochan Singh met him in the way and he made his statement, Ex.PW7/A, regarding the death of Santosh, on the basis of which formal FIR, Ex.PW7/C was recorded.
(3.) After completion of investigation, challan against the respondent was presented. He as charged under Sections 449 and 302 IPC, to which he pleaded not guilty and claimed trail.