THE STATE OF PUNJAB Vs. JOGINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.09.2003 rendered by learned Additional Sessions Judge, Patiala whereby accused - Joginder Singh @ Shaku was acquitted giving him benefit of doubt.

(2.) Briefly, the prosecution case is like this; that on 17.08.2000, Deepa son of Sher Singh lodged report Ex. PC with the police to the effect that on 15.08.2000 his brother -in -law namely Joginder (accused) and sister Pinki came to his house on account of Rakhi festival. On 16.08.2000, they were to go back to their village -Sangatpura (Punia). At about 4.00 PM, Joginder started beating his sister Seema. On this, complainant Deepa and his wife Pinki and sister -in -law Deepo Devi wife of Roshan Lal came to her rescue. On this, Joginder gave a leg blow in the stomach of his wife Pinki, after leaving his sister. As a result of leg blow, Pinki fell on the 'Pahwa' of the cot from the abdomen side. At that time, his wife was carrying an 8 -8 months pregnancy. His wife suffered severe pain in her stomach. Complainant and his father -in -law Beli Ram got her admitted in Samrita Nursing Home, Court Road, Rajpura for treatment. Pinki gave birth to a dead baby in the evening at about 4.00 PM. As per complainant, his child has expired on account of leg blow given by Joginder in the stomach of his wife and due to her fall on the cot. Complainant further explained that his elder brother Roshan Lal was away in the relations. After asking him, while they were going to give information to the police, police met him on Basantpura Bus Stand. On this information, ruqa was sent to the police station for registration of the case whereupon formal FIR Ex. PC/4 was recorded. Rough site plan of the spot was prepared as Ex. PD. Statements of witnesses were recorded. Dead body of still born child was brought from Samrita Nursing Home by the complainant party and was lying in the room of their residential house. Inquest report Ex. PE was prepared. Dead body of the child was sent for post -mortem with written request. Dead body was got identified from Shanno Devi and Reshma Devi. After post -mortem of the dead body of the child, HC Aroor Singh produced before Investigating Officer one sealed parcel bearing seals of the doctor. The same was deposited with the MHC of police station with the seal intact on the same day. By moving an application Ex. PF, opinion of Dr. Samrita Kaur of Samrita Nursing Home was sought which is Ex. PF/1. On 24.08.2000, accused -Joginder was arrested. On request Ex. P2, doctor of APJ Hospital, Rajpura gave opinion Ex. PH. After completion of necessary investigation, the challan was put in the Court against the accused.

(3.) Finding a prima -facie case against the accused for committing offence punishable under Sec. 316 of the Indian Penal Code, accused was charge -sheeted accordingly to which he did not plead guilty but claimed trial.