SUMAN Vs. RAM MEHAR AND OTHERS

JUDGEMENT

(1.) Appellant-Suman wife of deceased Jagbir, has filed the present appeal for challenging the judgment dated 6.12.2013 passed by the learned Sessions Judge, Karnal, whereby, respondents Ram Mehar and Dalsher stand acquitted of the charges under Sections 302, 201 read with Sec. 34 IPC.

(2.) Briefly, put the case of prosecution is that on 28.6.2012 at about 10.00 a.m., Jagbir left his house on a motor-cycle. At about 6.00 p.m., his brother Kuldeep learnt that accused Ram Mehar and Dalsher were with him and after taking liquor, they had gone to Rehar Kalan where they purchased eight bottles of liquor and consumed the same at canal bridge, Ballaha. All three of them then took bath in the canal. Dalsher later on, told Kuldeep that his brother Jagbir had drowned in the canal. Kuldeep, accordingly, went to police post Ballaha on 29.6.2012 and lodged a DDR. On 30.6.2012, ASI Ranbir Singh recovered AMIT RANA 2015.11.02 17:36 I attest to the accuracy and authenticity of this document Chandigarh the dead body of Jagbir, which was entangled in Ram Kali Head. The dead body was subjected to inquest and later on sent for postmortem. On 10.7.2002, Kuldeep submitted an application to Inspector Subhash Chand and on its basis, FIR No. 246 dated 10.7.2012 under Sections 302, 201 read with Sec. 34 Penal Code was registered at Police Station Assandh. Both accused Ram Mehar and Dalsher were produced in Court by Inspector Mohammad Jamal, who moved an application for polygraph test. Both the accused consented to undergo the said test. The said test was conducted on 30.10.2012. Accused Dalsher was, once again, subjected to polygraph test.

(3.) The trial Court, after going through the evidence brought on record, came to the conclusion that the prosecution had failed to bring home the guilt of the accused and, accordingly, acquitted them of the charges against them.