OSAN Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) OSAN son of Somerin son of Lodha, resident of Bharat Nagar, Amritsar, was tried for the offence under section 302 read with section 34, Indian Penal Code, for committing the murder of Hanuman. He was acquitted of the charge under section 302 read with section 34, Indian Penal Code but was convicted under section 201, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) THE prosecution story, briefly stated, is that Hanuman deceased and his wife had come to Punjab to do labour in 1973. They stayed for five days at the house of Osan accused in Bharat Nagar, Batala Road, Amritsar. According to the report under section 173, Criminal Procedure Code, Osan and some other persons, who were living in that house, started having an evil eye on the wife of Hanuman. Hanuman deceased and his wife, thereafter, shifted to the house of Sarup Singh in the same locality.

(3.) THE learned Additional Sessions Judge, Amritsar, disbelieved all the circumstances appearing against the appellant in connection with the offence under section 302, Indian Penal Code, but relying upon the disclosure statement of the appellant and the recovery of the dead -body of Hanuman as a result of the same, convicted him under section 201, Indian Penal Code.