STATE OF PUNJAB Vs. SATPAL SINGH

JUDGEMENT

(1.) THE State of Punjab has filed the present Criminal Misc. seeking leave to appeal against the judgment dated 13.9.2004 passed by the Sessions Judge, Ropar by which respondent Satpal Singh was acquitted of the charge framed against him under Section 302 read with 34 IPC and his co -accused Kuldip Singh @ Keepa, who during the trial had absented himself on 19.4.2001 and was declared a proclaimed offender by the trial Court on 19.2.2002.

(2.) BRIEFLY stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that after receipt of a QST from the Incharge, Police Station, Morinda to the effect that one Dalbara Singh had been admitted in the P.G.I., Chandigarh on account of injuries. ASI Ram Sarup went to Chandigarh and sought the opinion of the Doctor in relation to whether the injured was fit to make a statement, to which the Doctor answered in the negative. Thereafter, the Investigating Officer went to the place of occurrence near Samrala Chowk, Morinda and recorded the statement of Surinder Pal Singh, according to whom, at about 7.30 A.M. on 24.11.1999 he had gone to village Boothgarh to the house of Dalbara Singh and from there both these persons after sometime had started for Morinda on their respective scooters. At that time Satpal Singh, appellant had been seen urinating on one side of his house and soon thereafter he came id front of the scooter and started abusing Dalbara Singh and told the complainant about his helping Dalbara Singh. Satpal Singh had also hurled threat against the complainant Surinder Pal Singh. After making Dalbara Singh to understand the situation, both of them left towards Morinda and on the way Dalbara Singh stopped at Dashmesh Filling Station where he narrated the entire episode to the owner of the Pump Rajinder Singh. Rajinder Singh had told Dalbara Singh he would talk with them on the point later on as on that day he was busy with the death anniversary of his father. At about 2.00 P.M., Satpal Singh and the deceased had again met near the office of the Truck Union and there Satpal Singh had informed Dalbara Singh that they were to go to Dashmesh Filling Station. After this Satpal Singh and the deceased started towards the petrol pump, which is situated on the Ludhiana Road on separate scooters. When they reached near old Radha Swami Bhawan, the complainant had gone ahead about 15 -20 yards from Dalbara Singh and all of a sudden the complainant heard a noise of bang and on stopping he found that scooter of Satpal Singh had been struck with Truck No.DL -IG/3325. This truck was being driven by Satpal Singh alias Pala son of Karnail Singh and Kuldip Singh @ Keepa was also sitting in the truck. Satpal Singh and Kuldip Singh opened the windows of the truck and started raising lalkaras. Kuldip Singh had also stated that Dalbara Singh had been killed and their work had been finished. The complainant had identified both the accused and had taken his scooter towards the eucalyptus trees. In the meantime, Balbir Singh son of Ujagar Singh brother of Dalbara Singh came there and had witnessed the occurrence. Then Satpal Singh and Kuldip Singh run away from the spot towards Ludhiana. The injured was removed to Kakar Hospital, Morinda from where Dalbara Singh had been referred to P.G.I, where he died. The witness having indicated in the First Information Report that Satpal Singh and Kuldip Singh had conspired with one and other to engineer the accident, a photographer was called for. The place of occurrence was photographed. SI Prem Singh, Additional S.H.O., Police Station, Morinda took from the spot blood stained earth and crushed stones and converted the same into a sealed parcel and taken the same into possession vide recovery memo Ex.PF. He also took pieces of glass of head light of scooter and pieces of Raxion of scooter, which were also converted into a sealed parcel and taken into possession vide recovery memo Ex.PG. The scooter bearing registration No.PB -12 C/0211 was also taken into possession vide recovery memo Ex.PH and case property was deposited with the Moharrir Head Constable. On receipt of information on 25.11.1999 that Dalbara Singh had died, SI Prem Singh had gone to P.G.I., Chandigarh and inspected the dead body of Dalbara Singh and prepared the inquest papers and got the postmortem examination conducted on the dead body. On completion of the investigation,' during the course whereof both Satpal Singh and Kuldip Singh @ Keepa were arrested, a challan was put up in the Court of Illaqa Magistrate against both of them, who committed the case to the Court of Sessions being exclusive triable by it. The Sessions Judge, Ropar had framed the charges under Section 302 IPC read with Section 34 IPC to which appellant pleaded not guilty.

(3.) DR . U.S. Dhaliwal, learned Deputy Advocate General, Punjab appearing on behalf of the State has not been able to point out any compelling circumstances which would impel us to take a contrary view that the conclusion of the trial Court is perverse and therefore, warrants reappraisal at out hands.