STATE OF PUNJAB Vs. JOKHU RAM

JUDGEMENT

(1.) The State of Punjab has filed this appeal against the judgment and order dated 24.10.2000 passed by the learned Sessions Judge, Ludhiana whereby respondent-Jokhu Ram has been acquitted of the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) for committing the murder of Jasdev @ Jagdev.

(2.) Fir (Ex. PW10/C) in the case was registered on 01.05.1997 on the statement of Gaiya Parshad-complainant, who appeared as a prosecution witness as PW-10. He in his statement (Ex.PW10/A) before the police alleged that he was doing labour work in the factory 'Chanan Ram and sons' at Muradpur. He used to sleep in the factory. On the date of incident, i.e. 01.05.1997, he was going to Moti Nagar in connection with his personal work. At about 01:00 p.m., when he was on the 'katcha' (unmettaled) path in the vacant plot slightly before the back of Kundan T.V. Factory, he saw dead body of a young man lying on the 'katcha' (unmettaled) path. As he saw the dead body, he knew that it was that of Jasdev @ Jagdev, resident of House No. 2527, Street No. 1, Vishkarma Town, Ludhiana. The complainant identified the dead body as he knew him well and he used to sell vegetables on a handcart ('rehri') in their factory area. There were many injuries on the neck, chest and back which were caused by sharp edged weapon. Some unknown person had caused the injuries. The complainant was going to inform the police when he saw the police vehicle and his statement was recorded by Inspector Daljinder Singh, SHO, Police Station Focal Point, Ludhiana.

(3.) Police proceedings were recorded by Inspector Daljinder Singh, SHO, Police Station Focal Point, Ludhiana to the effect that he along with SI Dogar Ram (PW-6) and other police officials were travelling by government 'Gypsy', which was being driven by Constable Raghbir Singh. They were travelling in connection with patrolling in the area of New Moti Nagar, Shaheed Bhagat Singh, Mohinder Colony etc. ASI Surinder Pal (PW-4) Incharge Police Post Moti Nagar, Ludhiana along with Constable Sanjeev Kumar and SPO Dhanwant Singh joined them in the patrolling. They moved to Moti Nagar and when they reached the rear side of Kundan TV factory, then Gaiya Parshad-complainant (PW-10) met them and he got his statement (Ex.PW10/A) recorded, which was read over to him. He after admitting the same to be correct signed it in English. Inspector Daljinder Singh, SHO, Police Station Focal Point, Ludhiana attested the same. From the statement (Ex.PW10/A) of the complainant, an offence under Section 302/34 IPC was found to have been committed. The statement (Ex.PW10/A) was sent to the police station through HC Dhanwant Singh for registration of a case (FIR). The number of the case after registration was asked to be informed; besides, higher officers were asked to be intimated through special reports and the control-room was also asked to be informed. Inspector Daljinder Singh proceeded to the place of occurrence for investigation. He conducted investigation in the case.