- (1.) Challenge by the State of Punjab in this appeal is to the acquittal of the respondent from the charge of commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). The learned Ses sions Judge, Faridkot, had convicted the respondent for the said offence and awarded death sentence. In view of the award of the death sentence, reference was made to the High Court under Section 366 of the Code of Criminal Procedure, 1973 (in short the 'Code').
(2.) Prosecution version as unfolded dur ing trial is as follows : Law was set on motion on the basis of the statement made by Parminder Singh (PW4) who stated that he is running a mar riage palace known as Chahal Marriage Pal ace on Malout Road, at Muktsar. Ashok Kumar, Lalji Tiwari and Sham Sunder sons of Sager Ram, residents of Gangoli Khurd, Distt. Gaunda [U.P.] and Kulwant Singh alias Kanta son of Mohinder Singh were employed by him as servants in that marriage palace. Gurpal Singh son of Mukhtiar Singh, was employed as Chowkidar in the said marriage palace. There was a function in the mar riage palace on the evening of 26.8.1996. Manjit Singh Mistri, resident of Malout along with other labourers was constructing sheds in that marriage palace for the last many days. After the conclusion of the function he went to his house and told his servants to look after the property of the marriage palace. On 27.8.1996 at about 7.00 a.m. Manjit Singh Mistri came to his house and told him that smell was coming out of the rooms of the marriage palace. Hearing this he along with his brother Parminder Singh and Mistri Manjit Singh went to the mar riage palace and saw that smoke was com ing out of the marriage palace. He along with Raminder Singh and Manjit Singh Mistri saw from the back side door of the marriage pal ace that the dead bodies of Ashok Kumar and Sham Sunder (hereinafter referred to as deceased by name) were burning there. They also saw that pieces of glass were scat tered in the lobby of the marriage palace and Lalji Tiwari (hereinafter referred to as de ceased by name) was lying dead in the ad joining room and there were mark 'of injuries on his head and the blood was coming out of the injuries. When they came out, they saw that Gurpal Singh Chowkidar was ly ing unconscious in the grassy ground of the marriage palace and his head was stained with blood. A vehicle was arranged and Gurpal Singh was sent to the Civil Hospital, Muktsar, with Manjit Singh. He along with his brother Raminder Singh went inside and when Kulwant Singh moved a little, think ing that he was alive, they picked him up and got him admitted in the Civil Hospital. He left his brother Raminder Singh with the dead bodies. He suspected that the offence was committed by respondent-Kulwant Singh alias Kanta due to some grievance. There was no injury on the body of Kulwant Singh and three persons had been murdered and the fourth was lying in serious condi tion, as such it appeared that it was an act of Kulwant Singh. After the registration of the case S.I. Beant Singh, who was posted as S.H.O. in Police Station City Muktsar, at that time, along with ASI Ravel Singh, ASI Gurmel Singh and other officials and Parminder Singh went to the place of oc currence. Raminder Singh (PW5) was found present near the dead bodies : Inquest re ports of Lalji Tiwari, Ashok Kumar and Sham Sunder were prepared. There were hair in the right hand of the dead body and piece of cloth in the left hand of Lalji Tiwari. The dead bodies along with the requests were sent for post-mortem examination through ASI Gurmel Singh. S.I. Beant Singh in spected the place of occurrence. One bed sheet stained with blood, blood stained earth were picked up from the bed room where the dead body of Lalji Tiwari was lying. These were made into parcels and sealed with the seal bearing mark 'BS' and the parcels were taken into possession. Pieces of glass were picked up from the lobby and they were made into parcel and were taken into pos session. Ashes were picked up from the room where the dead bodies of Sham Sunder and Ashok Kumar were lying. These were made into parcel and sealed with the seal bearing impression 'BS' and were taken into pos session. Burnt mat was picked up and made into parcel and taken into possession. Blood stained earth was picked up from the place where the Chowkidar was lying. The same was made into parcel and sealed with the seal bearing mark 'BS' and taken into pos session. Blood-stained ashes were also picked up and made into parcel and sealed with the seal bearing mark 'BS'. Rough site plan of the place of occurrence was prepared. Statements of the PWs were recorded. Then Beant Singh S.I. went to the Hospital. Accused Kulwant Singh, who was admitted in the hospital was interrogated and on interrogation he disclosed that he had kept concealed one iron rod, his shirt and pant stained with blood underneath the empty cement bags lying in the store of marriage palace and he could get the same recovered. The disclosure statement of the accused was recorded. Then the accused was got discharged from the Hospital. After that the accused in accordance with his disclosure statement got recovered an iron rod, pant and shirt stained with blood. A separate parcel of the iron rod and another parcel of the pant and shirt were prepared and the same were taken into possession. Before making the parcel of the shirt a piece was taken out of the same and was taken into possession. After the post-mortem examination ASI Gurmel Singh produced the belongings of the deceased and these were taken into possession after making into parcel. On return to the Police Station the case property was deposited with the M.H.C. On 30.8.1996 the accused was taken to the Hospital where a sample of his hair was taken by Dr. Meena Jagga, made into a parcel and sealed by the doctor and the said parcel was taken into possession. On return to the Police Station the case property was deposited with the M.H.C. The parcels of the hair, pant, shirt of the accused, chadar, blood which were picked up from near the bed, burnt pieces of cloth and the soil picked up from near the place where Gurpal Singh was lying and pieces of cloth of the shirt and the parcel of iron rod were sent to the Forensic Science Laboratory and the reports regarding the same were received. Statements of the PWs were recorded and after the completion of the investigation the accused was sent up for trial. The charge against the accused was for the alleged commission of offence punishable under Section 302, I.P.C. for having committed the murders of Sham Sunder, Lalji Tiwari and Ashok Kumar and under Section 307, I.P.C. for causing injuries to Gurpal Singh was framed on 16.1.1997. The accused pleaded innocence and claimed trial. The prosecution to prove its case against the accused examined Dr. P.N. Girdhar (PW1), Dr. Meena Jagga (PW2), Dr. Madan Gopal Sharma (PW3), Parminder Singh (PW4), Raminder Singh (PW5), Gurpal Singh (PW6), Baljit Singh (PW7), Beant Singh S.I. (PWS), Kulwant Chand M.H.C. (PW9), Constable Harbans Lal as (PW10), Constable Balwindar Singh (PW11) and ASI Gurmel Singh (PW12). The reports of the Forensic Science Laboratory Ex.P.GG, Ex.P.HH. Ex.P.JJ and Ex.P.KK have also been tendered in evidence. The trial Court found that the evidence on record which was substantial in nature clearly established the guilt of the accused as there were three persons who had lost their lives and, therefore, the death sentence was awarded. In appeal, the High Court upset the conviction and directed acquittal.
(3.) Learned counsel for the appellant-State submitted that this was a case where the accusations were established against the accused and, therefore, the High Court was not justified in interfering with the well-reasoned and elaborate judgment of the trial Court.;