- (1.) THIS appeal has been filed by the State to challenge acquittal of the Respondents of the charge of murder of Madan Lal.
(2.) CASE of the prosecution, as narrated by Sushil Kumar PW10, in his statement Ex.PR, is that his brother Madan Lal, deceased was running a Karyana shop at Ludhiana. On 6.9.1994 at 7 AM, both the accused with another person who was bearing mustaches came to their house and took Madan Lal with them. At 8 AM, he came to know that Madan Lal was taking liquor in the Jamalpur liquor vend. He went to the said place and found Madan Lal taking liquor alongwith the accused and their companions. Romesh Kumar, accused picked up table fan and threw at the face of the deceased who received injuries on his head and became unconscious and died on the spot. The accused ran away. On this statement, PW12 Inspector Prem Singh took up the investigation. He visited the place of occurrence, lifted blood stained earth, prepared inquest report, sent the body for post -mortem examination, prepared site plan. Dr. US Sooch PW2 conducted post -mortem examination and found the cause of death to be head injury, which was ante -mortem and sufficient to cause death in the ordinary course of nature. After investigation, the accused were challaned. The prosecution examined Manoharjit Singh Randhawa PW1, the then Judicial Magistrate Ist Class, Ludhiana, Dr. US Sooch PW2, AMHC Kuldip Singh PW3, Constable Maghar Singh PW4, Constable Sikander Singh PW5, Constable Roor Singh PW6 formal witnesses, Harminder Singh, Draftsman PW7, Constable Randhir Singh PW8 formal witness, Head Constable Darbara Singh PW9, formal witness, Sushil Kumar complainant PW10, Jarnail Singh, eye witness PW11 and Inspector Prem Singh, Investigating Officer PW12.
(3.) THE accused denied the prosecution allegations and pleaded false implication.;