STATE Vs. NATHU RAM AND OTHERS

JUDGEMENT

(1.) This State appeal is preferred against the judgment dated 13.11.1997 passed by the learned Addl. Sessions Judge, Sri Karanpur acquitting the accused-respondents of offence under sections 302 & 302/34 IPC.

(2.) Briefly stated the prosecution case is that on 6.10.1996 PW 6 Malkiyat Singh submitted a written report Ex.P/6 at police station Sri Karanpur stating that in the morning respondent-Nathu Ram who was serving in the Water Works Department visited the house of his brother Jaswant Singh and questioned him as to why he had put sugar in the tankers of the tractors. This allegation was refuted by Jaswant Singh. This led to verbal altercation between them. Nathu Ram alongwith two tractor drivers went to the police station to lodge the report against Jaswant Singh. While they were returning after lodging the report, Jaswant Singh was seen standing at the cross road. Seeing him, Nathu Ram and his associates ran after him. As Jaswant Singh did not return to house, his wife went in search. She found his dead body in the field of Darshan Singh near water course. The informant was told by Charan Das that while he was cultivating the field of Darshan Singh, at about 12.05 p.m., he saw Nathu Ram and Jagir killing Jaswant Singh by strangulation. On the basis of this information, police registered the case of offence under section 302 Penal Code and proceeded with the investigation. After usual investigation, police led charge-sheet against the three respondents for offence under sections 302 & 302/34 IPC.

(3.) The respondents denied the charges levelled against them and claimed trial. The prosecution in support of the case examined 15 witnesses. The accused persons in their statement under section 313 Crimial P.C. denied the correctness of the evidence appearing against them. Analysing the evidence, the trial Court concluded that the evidence produced by the prosecution is not of the nature which may bring home the guilt of the accused-respondents. Accordingly, the learned Judge acquitted all the three respondents of the charges levelled against them.