STATE OF PUNJAB Vs. KABUL RAM

JUDGEMENT

(1.) THE State of Punjab appeals against the acquittal of three respondents on the change of murder.

(2.) THIS appeal appears to us as singularly lacking in merit and it, therefore, suffices to make a brief reference of the facts. Indeed, it would be wasteful to traverse the same ground over again in its entirety which had been so competently covered by the learned Sessions Judge, Hoshiarpur, in his judgment dated the 9th October, 1981 which is under challenge.

(3.) THE prosecution story goes that Deepo visited her parents at village Mohngarwal about two days prior to this incident and after staying for a day with her parents, she returned to her in-laws house at Garhshanker by train on March 21, 1981. On the same day at about 10 p.m. Kabul Ram and Sohan Lal accused called. Dr. Kehar Singh, a retired Senior Medical Officer who practised medicines privately after retirement and lived in the neighbourhood of the accused, to examine Deepo. Dr. Kehar Singh found that her pulse was very week and he told the said accused that he could not handle the case and advised them to take her to the hospital. Deepo died on the same night. Kabul Ram accused went to the house of Karam Chand at about 4 a.m. and informed him that Deepo was ill. Karam Chand and his wife Nandi accompanied Kabul Kam to his house at Garhshanker and they found that Deepo was lying dead. It is alleged that Kabul Ram advised Karam Chand that he should forget what had already happened and suggested that the dead body should be cremated for which the arrangements had already been made. Karam Chand suspecting foul-play, called Gurmel Singh and Charan Singh PWs from his village and his son Gian from Amritsar. While Karam Chand was going to Police Station for lodging the report, some one met him on the way and on his request he prepared a complaint (Ex.PC) for Karam Chand which was thumb marked by him and the same was then handed over to Basant Singh Assistant Sub Inspector on March 12, 1981. The case was, however, got registered in the Police Station through F.I.R. Ex.PF allegedly recorded on April 3, 1981 at about 7 P.M. Basant Singh went to the house of the accused and held inquest Ex.PB and sent the dead body of Deepo to the mortuary for autopsy. Kabul Ram and Sohan Lal accused were arrested on April 4, 1981 and Paraksho accused was arrested on April 5, 1981 by Sub Inspector Pritam Singh PW.