A.K. Goel, J. - (1.) THE State has filed this appeal against acquittal of the respondents of the charges under Ss. 120B, 302 read with Sec. 120B, 302 and 404 of the Indian Penal Code.
(2.) CASE of the prosecution is that Paramjit Kaur, respondent No. 3, widow of deceased Dilawar developed illicit relations with the nephew of Dilawar namely Jatinder Singh, when Dilawar had gone abroad. After Dilawar returned from abroad, he learnt about their illicit relations. He started harassing his wife on that account. For this reason, the accused Paramjit Kaur entered into a criminal conspiracy with her sister Manjit Kaur, accused, her paramour Jatinder Singh, accused and Paramjit Singh alias Bhutto, accused to kill her husband Dilawar. Paramjit Kaur agreed to pay Rs. 10,000/ -to the accused Paramjit Singh @ Bhutto for committing the murder. She asked her husband to go to Village Ramgarh Jhuggian, where Jatinder Singh, Manjit Kaur and Paramjit Singh alias Bhutto murdered him and threw his dead body in the wheat field.
(3.) HARBANS Singh, PW -7 resident of Village Ramgarh Jhuggian had gone to irrigate his wheat crop on February 02, 1995 and he noticed dead body of Dilawar, resident of Village Dhamai. He informed Gurmel Singh, Sarpanch. Thereafter, he along with others, went to Police Post Samundra for lodging a report. FIR was registered by ASI Gurmel Singh, PW -14 on the statement of Harbans Singh PW -7. Gurmel Singh, after recording the FIR, went to the place of occurrence, held inquest proceedings, sent the dead body for postmortem examination and collected bloodstained earth from the place of occurrence and also seized bloodstained Parna having a corresponding cut and shoes of the deceased. Pw -1 Dr. Ashok Kumar conducted post -mortem examination on 03.02.1995 at 9.30 A.M. and found following injuries: 1. Incised wound 10 x 2 cm on the right side of head extending from right eye brow outer edge to right side of head 8.2 cm above the right pinna. Skin of forehead erased . On dissection, underlying muscles cut and outer table of bone cut. 2. Incised wound 7 x 1 cm on the left side of head 5 cm above the left ear obliquely placed extending from hair line to just behind the ear on dissection, muscles and outer table of bones cut. 3. Incised wound 18 cm x 5 cm on the right side of face and neck extending from right ear to middle of right clavicle. On dissection, underlying muscles of face cut, mandible cut, muscles and major vessels of the neck cut. 4. Incised wound 7 x 2.5 cm on the front of neck transversely placed 5 cm above the sternum manubri extending from right sternomastoid to left sternomastoid muscles. On dissection, muscles of the neck cut, major vessels cut, trachea cut. 5. Incised wound 2 x .5 cm on the front of neck 3 cm above manubrium sterni transversely placed. 6. Incised wound 1.5 cm x 0.5 cm transversely placed in front of neck supra -sternal notch. 7. Incised wound 3 x 1 cm on the right shoulder 2 cm from acromian obliquely placed. Underlying muscles cut. 8. Incised wound 2 cm x 1 cm on the left shoulder obliquely placed 1 cm below acromian. 9. Incised wound 6 x 1 cm on back of right forearm vertically placed extending from wrist to middle of right forearm. 10. Amputated terminal phalanx of the right index finger attached with skin tag with incised wound on terminal phalanx of palmer aspect of all the fingers of right hand. 11. Left hand amputated at the middle of palm with underlying cut bones exposed. 12. Incised wound 8 x 1 cm on sole of the right foot near base of toes extending from big toe to little toe. 13. Incised wound 2 x 1 cm on the dorsum of left foot near base of big toe, obliquely placed. ;