STATE OF PUNJAB Vs. MALKIAT SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal, dated 2.11.95, rendered by the Court of Sessions Judge, Bathinda, vide which, it acquitted the accused (now respondent).

(2.) The prosecution case, as summarized, proceeded in the manner that on 23.1.94, at about 9.00 p.m. Santokh Singh, aged about 11 years son of Darbara Singh, informed him that Karnail Singh, his brother and Malkiat Singh, accused an employee who was posted in the power grid at Sangha wore trading abuses. Accompanied by Ms. Ninder Kaur wife of Karnail Singh to pacify them Darbara Singh proceeded towards the power grid. At that time, they were carrying a burning lantern. When they reached close to Karnail Singh and Malkiat Singh, accused, Darbara Singh, asked them, as to why they were quarreling with each other and trading abuses. It was stated that in their presence Malkiat Singh gave a tamba (an uneven heavy wooden twig) blow on the head of Karnail Singh as a result whereof he slumped at the spot. Malkiat Singh disappeared from the spot carrying away the tamba with him. Both Darbara Singh and his sister-in-law were taking Karnail Singh to their farm-house hen or the way he succumbed to the injury caused on his person. After leaving Ms. Ninder Kaur and other members of the tamely at the spot guard the dead-body of Karnail Singh Darbara Singh went to the village. After collecting Karam Singh sarpanch he left for lodging the report police station Sardulgarh. His statement exhibit PD was recorded on the basis whereof the first information report was registered. Thereafter, Inspector Gurjit Singh, Officer In-charge of the Police Station accompanied by other Police Officials, reached the spot, with the witnesses, where the dead body of Karnail Singh, was lying. Two constables were directed to guard the dead-body. After the day-break, Inspector Gurjit Singh, examined the dead-body and prepared inquest report exhibit PC. He lifted the blood stained earth, which was put in a small tin container. He converted the same into a parcel. The parcel was taken into possession, vide separate recovery memo. The dead-body of Karnail Singh, along with the police papers was entrusted to Karam Singh, Constable, for post-mortem examination in Civil Hospital, Mansa. The turban, a shawl and pair of shoes were lying near the dead-body. The same were taken into possession, vide a separate recovery memo. Visual site plan exhibit PH with correct marginal notes was prepared. Exhibit PH-1 the site plan of the place of occurrence was also prepared. The accused was arrested about 2.30 p.m. on 24.0 1.94. On interrogation, he made a disclosure statement, regarding the concealment of tamba. His disclosure statement was recorded, in pursuance whereof, he got recovered tamba P1.

(3.) The Constable, who was deputed for post-mortem examination, on the dead body produced the police papers, post-mortem report and a sealed parcel, containing the belongings of the deceased. All the sealed parcels were deposited by Inspector Gurjit Singh with the Moharrir Head Constable.