Kuldip Singh, J. - (1.) STATE of Punjab has preferred an appeal against the judgment dated 27.3.2001, passed by learned Sessions Judge, Jalandhar, vide which accused Dalip Kumar was acquitted of the charges framed against him under Sections 302 and 307 IPC.
(2.) THE case was registered on the statement of Surinder Singh son of Atma Singh (Ex. PU), wherein he stated that he is resident of village Helran and working as a Munshi (Accounts Clerk) at brick kiln of Ravi Pal Sekhri, situated within the limits of village Fateh Jalal. His employer is living in Jalandhar City. He has been entrusted with the responsibility of supervision of brick kiln. Ravi Pal Sekhri had taken the land of one Joginder Singh resident of village Helran on lease for moulding bricks. The labour used to do the work of moulding the bricks at night also. He keep watch on the working of labourers and remains present there (brick moulding site) at night also. According to complainant, on the night of 11/12.3.1999 at about 1:00/2:00 midnight, Sudeshwar, a labourer was quarreling with his co -labour, namely, Dalip Kumar, who happens to be his brother -in -law (wife's brother) on account of some money dispute. On this, Surinder Singh alongwith Reshma, wife of Sudeshwar (deceased), rushed to the place of occurrence. In their presence, Dalip Kumar gave 2/3 kassi blows on the head of Sudeshwar and he (Sudeshwar) fell down on the ground. Reshma raised the alarm of 'Mar Ditta, Mar Ditta', saying that they owe money from Dalip Kumar. Dalip Kumar then gave kassi blows to his sister Reshma wife of Sudeshwar (deceased), which hit her right arm, resulting in deep cut. She also sustained more injuries. She raised the alarm of 'Mar Ditta, Mar Ditta'. Dalip Kumar fled from the spot with kassi. In the meanwhile, Sanjay son of Surja, resident of village Dilhat District Pakasu (Bihar) also reached the spot. Sudeshwar breathed his last at the spot in their presence. He (Surinder Singh/complainant) saw the entire occurrence in the light of the lamp. He was not having any vehicle with him. After leaving Sanjay at the spot, he went to village Fateh Jalal where he kept on waiting for his employer. In his absence, someone got Reshma admitted in Civil Hospital, Jalandhar. He was going to lodge a report when he met ASI Harpreet Singh at bus stand Basti Bawa Khel, Jalandhar, where his statement was recorded. ASI made the endorsement on the same, which was completed at 3:00 PM on 12.3.1999 and sent the same to Police Station Sadar, Jalandhar, where formal First Information Report No. 71 dated 12.3.1999 (Ex. PU/2) under Sections 302 and 326 IPC was registered. The police visited the spot and prepared inquest report (Ex. PQ). Site Plan of place of occurrence (Ex. PE) was prepared. Blood stained earth was lifted from the spot, vide memo (Ex. PD). Reshma was approached by police for recording her statement, but she was found unfit to make the statement. Later on, her statement was also recorded on 15.3.1999. In the meanwhile, accused Dalip Kumar was arrested on 13.3.1999. On 15.3.1999, accused Dalip Kumar was interrogated and he suffered disclosure statement (Ex. PV) that he has kept concealed the Kahi (kassi) used in the crime in the bushes near Tiba in the area of village Herlan and can get the same recovered. Accordingly, the accused led the police party to the said place and got recovered Kahi (kassi), which was taken into possession, vide memo Ex. PV/1. Site plan of place of recovery (Ex. PV/2) was also prepared.
(3.) AFTER the completion of investigation, the challan was presented in Court.;