STATE OF PUNJAB Vs. MULAKH RAJ

JUDGEMENT

(1.) This is an appeal filed by the State of Punjab against the judgment dated Jan. 15th, 1998 passed by learned Additional Sessions Judge, Amritsar, whereby above named respondent was acquitted.

(2.) On March 14th, 1996 at about 6.30 PM, Tarsem Lal (deceased) went from his house but did not return. Next morning, at about 6 AM, Inder Dass-complainant (PW-2) father of Tarsem Lal received information that some one had inflicted injuries to Tarsem Lal and he was lying in the street in front of the house of Dilbagh Singh resident of Sardar Avenue, Amritsar. Thereupon, complainant along with his son Prem Lal (PW-3) and Rano Devi his daughter-in-law reached the spot and noticed him lying in an injured condition. One stone was also lying near Tarsem Lal. Tarsem Lal disclosed that he, Mulakh Raj-respondent and Kewal Kumar had drinks (liquor) together and thereafter consumed bhang (cannabis). Kewal Krishan left for his house. On their way back to their respective houses, scuffle took place between him and Mulakh Raj over distribution of gambling money. Both of them fell down. Mulakh Rajaccused picked up a stone and hit on his head and threw him on the ground. When transport was being arranged to take Tarsem Lal to hospital, he succumbed to his injuries immediately after disclosing the occurrence to the complainant.

(3.) Inder Dass proceeded to lodge the report to the Police. Girdwar Ram Pal, Inspector (PW-6) met him on the way and recorded his statement (Exhibit PJ). He appended his endorsement (Exhibit PJ/1) and sent the same to the Police Station. On the basis of which, First Information Report (Exhibit PH) was recorded. Inquest (Exhibit PG) was held. Blood stained earth was taken into possession vide recovery memorandum (Exhibit PK). Dead-body of Tarsem Lal was sent for post-mortem examination which was conducted by Dr. Ashok Chanana (PW-1). Rough site plan (Exhibit PM) of the place of occurrence was prepared.