STATE OF PUNJAB Vs. HADAYAT MASIH

JUDGEMENT

(1.) It is a State appeal against. The judgment dated 4-4-1990 of the Additional Sessions Judge, Gurdaspur, vide which he had acquitted the accused now respondents Hadayat Masih, Malooka Masih and Bhoora Masih, by giving them the benefit of doubt. As leave to appeal was granted by a Division Bench of this Court, thus, the appeal has come up for final hearing before us today.

(2.) The prosecution version unfurled in the First Information Report by Jalal Masih (PW-4) is that he was a resident of village Dhindsa and used to do labour. On 15-2-1989, in the afternoon, he had gone to the fields to bring fodder. He parked his cycle in the fields and started collecting straw-fodder from the sugarcane crop. When he was about to return to his house, he found his cycle locked. He came to know that sons of Malookahad locked his cycle. He came back to his house carrying the straw-fodder. Then he went to the house of Malooka son of Hadayat and asked him that his sons had locked his cycle. His son told him that his brother was having the key and he would bring it. He returned to his house. At about 5.00 p.m., he was standing on the road outside his house. Hadayat son of Attu, Christian, resident of Dhindsa and his sons Malooka and Bhoora came there while raising lalkaras. Immediately, on their arrival. Hadayat exhorted them to catch hold of Jalal and do him to death, teach him a lesson for lodging protest. All the three pounced upon him and started giving him fist blows. He raised alarm, "Mar Ditta, Mar Ditta (killed). On hearing his alarm his wife Meedan, his son Yusuf and Bholi daughter, of Boota Masih, resident of Dhindsa, also came at the spot. His wife Meedan stepped ahead in order to save him then Malooka and Bhoora dragged her away and started giving fist and kick blows to her. She became unconscious and fell on the ground. While she was lying down, Hadayat also gave her kick blows. On raising raula by his son at the spot, aforesaid Hadayat, Hadayat Masih, Malooka and Bhoora fled away towards their house while raising lalkaras. His son Yusuf caught hold of his mother Meedan by the arm and took them to their house. After sometime Meedan's condition became serious due to the injuries. Hence his son Yusuf went to village Ghuman Kalan to bring the doctor to the house. The doctor came and gave treatment to his wife and himself, but his wife Meedan succumbed to the injuries at about 2.00 a.m. They did not go to the police-station at night due to fear. Leaving his son Mauji to guard the dead body, when he was going to the police-station to lodge a report ASI Bhagwan Dass (PW-7) met him at bus stand Noshera Majja Singh at about 8.00 a.m. on 16-2-1989. He complained against Hadayat Masih, Malooka Masih and Bhoora Masih to the A.S.I. who recorded his statement Ex. PD which was heard by him and was signed in token of its correctness. 'The statement was forwarded to the Police-Station where formal FIR Ex. PD/2 was recorded. Special report was received by the Ilaqa Magistrate at 2.30 p.m. on 16-2-1989. A.S.I. Bhagwan Dass then went to the place of occurrence and prepared inquest report Ex. PF. The dead body of Meedan deceased was despatched to the Civil Hospital, Gurdaspur for post mortem examination. A rough site plan Ex. PG was prepared by the Investigating Officer. After completing the investigation, the accused were challenged.

(3.) In order to substantiate the charge against the accused the prosecution examined Dr. Prem Parkash (PW-1) Darshan Kumar constable (PW-2), Tarsem Singh constable (PW-3), Jalal Masih (PW-4), Yusuf Masih (PW-5), Janak Singh Draftsman (PW-6) and ASI Bhagwan Dass (PW-7), Bholi, Kashmir Singh and Ramesh Chander were given up as having been won over by the accused. A.S.I. Amarjit Singh, S.I. Balkar Singh and Manga Masih were not examined and given up as unnecessary.