STATE OF H.P. Vs. SURJEET SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement of the Sessions Judge, whereby respondent Surjeet Singh and his mother Sahib Kaur, who were sent up for trial for offences, under Sections 302, 436, 380, 201 and 411 IPC, have been acquitted. The order of acquittal is alleged to be not based on the correct appreciation of evidence on record.

(2.) FIRST the prosecution version may be noticed. There lived a man by the name of Sumer Singh, in village Bagri. He had two wives. From the first wife, he had two sons and a daughter. From the second wife, he had only one son Jit Singh (PW 2). Respondent Surjeet Singh is one of the two sons from the first wife and the respondent No. 2 is the deceased's first wife. The second son of the deceased from respondent No. 2, i.e. his first wife, lives in Solan. He is PW 3 Amar Singh. Jit Singh (PW 2) the son from the second wife and the daughter of the deceased from the first wife named Aas Kaur live in village Bagri. Respondents live in Dagsai, which is one and half hour walk from village Bagri.

(3.) ON 6.2.1991, Harka Bahadur, as per instructions imparted to him on the previous evening left for village Rehuin early in the morning for making purchases. Around 10.00 or 10.30 or 11.00 a.m., PW 6 Bimla Devi went to the house of Sumer Singh to attend to the cattle. She noticed that smoke was coming out of Sumer Singh's house. She went to the house of one Krishna and informed her what she had seen. The two together went to the house of Aas Kaur the daughter of Sumer Singh deceased and informed her that there was smoke rising from the house of Sumer Singh. Aas Kaur deputed her son Kirpal Singh (PW 11) and Arjun to find out the cause of smoke. They went and saw that everything in the house had been burnt. Kirpal Singh then informed PW 2 Jit Singh and respondent Surjeet Singh telephonically. Jit Singh was those days working as a carpenter at the house of respondent Surjeet Singh at Dagsai.