- (1.) Applicant - State of Punjab has filed CRM No.A-385-MA of 2011 seeking special leave to file appeal under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C' for short) against the judgment of acquittal of respondent dated 26.11.2010, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ('IPC' for short), passed by learned Additional Sessions Judge, Ludhiana.
(2.) It is the case of the prosecution that Munna Yadav along with his brother Ram Narain Yadav (deceased) had been living in tenanted house in Mohalla Shanti Nagar, Sua road Giaspura, Ludhiana. Earlier the deceased was living with his uncle Ram Kishan. House of Ajay Kumar Singh (accomplice and husband of the respondent) was situated opposite to the house of Ram Shankar. Complainant learnt that his brother i.e the deceased had developed illicit relations with Prem Sheela( respondent), who is the wife of Ajay Kumar Singh. On 19.06.2007, the deceased did not come to his house uptill 01:00 a.m. Thereupon, complainant went in his search to the house of his uncle Ram Shankar. There, he saw the door of house of Ajay Kumar Singh (accomplice and husband of the respondent) opened and he heard shrieks coming from the said house. He went at the gate of house of Ajay Kumar Singh and saw latter having a stone in his hand and his wife Prem Sheela (respondent) armed with an iron pipe and both beating his brother i.e the deceased. He (complainant) then raised alarm. Ajay Kumar Singh (accomplice and husband of the respondent) hit stone while Prem Sheela (respondent) hit the pipe on the head of his brother, the deceased. As a result, he fell down on the ground. The complainant proceeded towards the spot and raised an alarm, thereupon, both respondent and her accomplice fled away from the place of occurrence. Ram Shankar, uncle of the complainant, also reached at the spot.
(3.) Aforementioned statement Ex.PA of Munna Yadav (PW1) was recorded by PW4 Ramji SI, who sent the same to the Police Station, where formal FIR Ex.PW/B was recorded by Somnath ASI. He also prepared rough site plan Ex.PW4/P and seized iron pipe, stained with blood, vide memo Ex.PD, after sealing that pipe into a parcel with his seal bearing impression 'RJ'. He also lifted one stone, lying near the dead body of the deceased, which was stained with blood, and prepared parcel, thereof, and sealed that parcel with his seal bearing impression 'RJ' and that parcel was taken into possession vide memo Ex.PC. He also lifted the blood, lying near the dead body of the deceased on the floor and put that in a small box and prepared a parcel, which was sealed with his seal bearing impression 'RJ' and that parcel was seized vide memo Ex.PB PW4 Ramji SI, also prepared inquest report Ex.PW4/C of the dead body of the deceased and sent the same to the mortuary for autopsy along with application Ex.PW4/F through Harjang Singh ASI and the latter after autopsy handed over the dead body to PW1 Munna Yadav, brother of the deceased, vide receipt Ex.P4. PW4 Ramji SI arrested Ajay Kumar Singh (accomplice and husband of the respondent) vide memo Ex.PW4/G and respondent vide memo Ex.PH.;