INDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 6.4.1994 of the Additional Sessions Judge, Amritsar whereby he convicted Inder Pal son of Puran Chand under Section 306 I.P.C. and sentenced him to undergo RI for 5 years and to pay a fine of Rs. 1,000/ - and in default, to further undergo RI for three months.

(2.) THE case of the prosecution is that on 8.3.1991 at 1.30 p.m. Teg Pal had gone to the shop of Inder Pal. The shop is in the neighbourhood of the house of Geeta Devi. Geeta Devi heard a noise came out of her house and found Tejpal being beaten by Appellant Inder Pal. Appellant was accusing Tejpal of deteriorating his business. In the meanwhile, Kailash Rani also reached the slop of Inder Pal. Both Geeta Devi and Kailash Rani rescued Tejpal. Tejpal told Geeta Devi and his mother Kailash Rani that he would prefer to die than live such a life. Tejpal then went outside and returned after half an hour. Froth was coming out of his mouth. Tejpal had taken poison which was used to kill rats.

(3.) LEARNED Counsel for the Appellant has argued that the statement Ex. DB of Geeta Devi is contradictory to what she has stated in Court. In her statement before the police, she has stated that she went to the shop of Appellant. On seeing him being beaten he was rescued. Tejpal went to the Bazar and came after about half an hour. In Court Geeta Devi stated, that she went to the shop of Inder Pal and found her brother Tejpal in a semi -conscious condition. She stated that Tejpal told her that Appellant had administered some poison to him. She further stated that Appellant had beaten Tejpal as he suspected that Tejpal had illicit relations with his wife. Geeta Devi when confronted with her statement Ex. DB, denied that she made statement Ex. DB before the police. Similarly, the other witnesses have also contradicted their statements.