STATE OF PUNJAB Vs. PARAMJIT SINGH ETC.

JUDGEMENT

(1.) THE State has filed this appeal against acquittal of the respondents of the charges under Ss. 120B, 302 read with Sec. 120B, 302 and 404 of the Indian Penal Code.

(2.) CASE of the prosecution is that Paramjit Kaur, respondent No. 3, widow of deceased Dilawar developed illicit relations with the nephew of Dilawar namely Jatinder Singh, when Dilawar had gone abroad. After Dilawar returned from abroad, he learnt about their illicit relations. He started harassing his wife on that account. For this reason, the accused Paramjit Kaur entered into a criminal conspiracy with her sister Manjit Kaur, accused, her paramour Jatinder Singh, accused and Paramjit Singh alias Bhutto, accused to kill her husband Dilawar. Paramjit Kaur agreed to pay Rs. 10,000/ -to the accused Paramjit Singh @ Bhutto for committing the murder. She asked her husband to go to Village Ramgarh Jhuggian, where Jatinder Singh, Manjit Kaur and Paramjit Singh alias Bhutto murdered him and threw his dead body in the wheat field.

(3.) HARBANS Singh, PW -7 resident of Village Ramgarh Jhuggian had gone to irrigate his wheat crop on February 02, 1995 and he noticed dead body of Dilawar, resident of Village Dhamai. He informed Gurmel Singh, Sarpanch. Thereafter, he along with others, went to Police Post Samundra for lodging a report. FIR was registered by ASI Gurmel Singh, PW -14 on the statement of Harbans Singh PW -7. Gurmel Singh, after recording the FIR, went to the place of occurrence, held inquest proceedings, sent the dead body for postmortem examination and collected bloodstained earth from the place of occurrence and also seized bloodstained Parna having a corresponding cut and shoes of the deceased. Pw -1 Dr. Ashok Kumar conducted post -mortem examination on 03.02.1995 at 9.30 A.M. and found following injuries: