P.E Autopsy of the dead body of Chameli Devi was performed by Dr. Dalip Kumar on May 25.
It may be stated here that the blood stained clothes and the toka with which the murder is alleged to have been companymitted had been sent for forensic test and the report is to the effect that the said clothes and the toka companytained human blood.
The prosecution case in short is that the appellant had a strained relation with his wife Chameli Devi.
1984 Bishan Dial got up on hearing alarm and saw pattu Lal giving injuries to Chameli Devi with toka and Chameli Devi died at the spot.
The learned companynsel for the appellant has very strongly companytended before us at the hearing of this appeal that in the instant case, the prosecution wanted to prove the charge of murder by examining Bishan Dial who was stated to be an aye witness.
But the said Bishan Dial has denied in his deposition that he had seen the occurrence and he has also denied that he lodged the F.I.R. with the police station.
The prosecution examined Bishan Dial PW.1.
PW.3 Shri Thakur Singh Additional Station House Officer, took up the investigation who placed Pattu Lal under arrest and the blood stained toka and also blood stained clothes produced before him were seized.
1984 at about 3,30 p.m. In the opinion of the doctor, the dead was caused due to shock and haemorrhage due to injury No.
Special Court, Ferozpur, in Trial No.27 of 1984 arising out of F.I.R.No.141 of 1984 of the Police Station, Abohar, under Section 302 of the Indian penal Code and was sentenced to suffer imprisonment for life.
The said witness also admitted that at the police station he had given a thumb mark under the F.I.R. He also admitted that his brother Tej Ram also accompanied him to the police station.
1 Bishan dial said Tej Ram and Dropati slept at the house of Pattu Lal and at bout 6.00 a.m. on May 28.
Dropati, went to the house of the appellant Pattu Lal to get the dispute between the deceased and Pattu Lal to settled.
This appeal is directed against the order dated November 28, 1984 passed by the learned Judge.
M G/1 to the police station, Abohar where he lodged the F.I.R. a case under Section 302 of the Indian Penal Code was registered.
1 which was sufficient in the ordinary companyrse of nature to cause death.
On the night of May 24 and 25 of 1984, PW.
The deceased threatened to get divorce and marry kirpal Singh.
He has specifically stated that in the police station.
On May 8, 1984.
No plausible reason has been indicated by the said witness which might have promoted the said Investigating Officer to fabricate the said F.I.R. on making false allegations.
The deceased, on account of Chameli Devi having illicit relation with one Kirpal Singh.
Thereafter, the said Investigating Officer PW.3 proceeded to the soot and companylected blood stained earth under memo of seizure Ex.
The investigating officer specifically stated in his deposition that the accused was produced at about 7.00 a.m. at the police station by PW.1 Bishan Dial himself and the blood stained clothes and the toka with which murder had been companymitted were also produced by the said Bishan Dial.
P.W.1 Bishan Dial, his brother Tej Ram and the wife of Bishan Dial.
N.Ray.
P.7 and also seized the blanket and chadar of the deceased by seizure Memo effects Ex.
It appears from the deposition of PW.1 that his father and the mother were living together and Bishan with his wife and brother Tej Ram had been living separately in a different house.
the son of the accused and also the doctor holding the post mortem examination PW.2 Dr.Dalip Kumar , the said Investigating Officer PW.3 and other formal witnesses PW.1 Bishan Dial was however, declared hostile and he was cross examined by the learned Public Prosecutor.
J. This is an appeal under Section 14 1 of the Terrorists Affected Areas Special Courts Act.
PW 1 Bishan Dial took his father with his blood stained clothes and the said toka Ex.
