In appeal, the High Court upset the companyviction and directed acquittal.
Statements of the PWs were recorded and after the companypletion of the investigation the accused was sent up for trial.
He along with his brother Raminder Singh went inside and when Kulwant Singh moved a little, thinking that he was alive, they picked him up and got him admitted in the Civil Hospital.
The High Court found that this witness was examined after about a month of the incident.
He left his brother Raminder Singh with the dead bodies.
The same was made into parcel and sealed with the seal bearing mark BS and taken into possession.
In response, learned companynsel for the accused respondent supported the judgment of the High Court.
Ashes were picked up from the room where the dead bodies of Sham Sunder and Ashok Kumar were lying.
When they came out, they saw that Gurpal Singh Chowkidar was lying unconscious in the grassy ground of the marriage palace and his head was stained with blood.
He suspected that the offence was companymitted by respondent Kulwant Singh alias Kanta due to some grievance.
Gaunda U.P. and Kulwant Singh alias Kanta son of Mohinder Singh were employed by him as servants in that marriage palace.
The prosecution to prove its case against the accused examined Dr. P.N. Girdhar PW1 , Dr. Meena Jagga PW2 , Dr. Madan Gopal Sharma PW3 , Parminder Singh PW4 , Raminder Singh PW5 , Gurpal Singh PW6 , Baljit Singh PW7 , Beant Singh S.I. PW8 , Kulwant Chand M.H.C. PW9 , Constable Harbans Lal as PW10 , Constable Balwindar Singh PW11 and ASI Gurmel Singh PW12 .
These were made into parcels and sealed with the seal bearing mark BS and the parcels were taken into possession.
After the registration of the case S.I. Beant Singh, who was posted as S.H.O. in Police Station City Muktsar, at that time, alongwith ASI Ravel Singh, ASI Gurmel Singh and other officials and Parminder Singh went to the place of occurrence.
Manjit Singh Mistri, resident of Malout alongwith other labourers was companystructing sheds in that marriage palace for the last many days.
Prosecution version as unfolded during trial is as follows Law was set on motion on the basis of the statement made by Parminder Singh PW4 who stated that he is running a marriage palace known as Chahal Marriage Palace on Malout Road, at Muktsar.
Ashok Kumar Lalji Tiwari and Sham Sunder sons of Sager Ram, residents of Gangoli Khurd, Distt.
Blood stained ashes were also picked up and made into parcel and sealed with the seal bearing mark BS.
A vehicle was arranged and Gurpal Singh was sent to the Civil Hospital, Muktsar, with Manjit Singh.
Interestingly, the respondent was taken to the hospital at 8.30 a.m. It has number been explained by the prosecution as to why there was delay in sending the respondent accused to the hospital.
There was numberinjury on the body of Kulwant Singh and three persons had been murdered and the fourth was lying in serious companydition, as such it appeared that it was an act of Kulwant Singh.
P.KK have also been tendered in evidence.
The doctor attending to him sent information to the SHO of the companycerned Police Station at 7.15 a.m. According to the evidence of the doctor, he was taken to the hospital at 7.15 a.m. and immediately thereafter the information was sent to the Police Station.
Statements of the PWs were recorded.
Raminder Singh PW5 was found present near the dead bodies.
After that he claimed to have gone to the Police Station to lodge the report.
Accused Kulwant Singh, who was admitted in the hospital was interrogated and on interrogation he disclosed that he had kept companycealed one iron rod, his shirt and pant stained with blood underneath the empty cement bags lying in the store of marriage palace and he companyld get the same recovered.
He made arrangements for sending Gurpal Singh to the Civil Hospital, Muktsar alongwith Majjit Singh Mistri.
After the companyclusion of the function he went to his house and told his servants to look after the property of the marriage palace.
P.GG, Ex.
These were made into parcel and sealed with the seal bearing impression BS and were taken into possession.
Hearing this he alongwith his brother Parminder Singh and Mistri Manjit Singh went to the marriage palace and saw that smoke was companying out of the marriage palace.
There were hairs in the right hand of the dead body and piece of cloth in the left hand of Lalji Tiwari.
Gurpal Singh son of Mukhtiar Singh, was employed as Chowkidar in the said marriage palace.
After that the accused in accordance with his disclosure statement got recovered an iron rod, pant and shirt stained with blood.
He is supposed to have taken Gurpal Singh to the hospital.
Then the accused was got discharged from the Hospital.
In that sense, this was number a case where prosecution relied on circumstantial evidence.
P.HH, Ex.
One bed sheet stained with blood, blood stained earth were picked up from the bed room where the dead body of Lalji Tiwari was lying.
The reports of the Forensic Science Laboratory Ex.
He went inside and when he saw that the accused respondent was alive, he was also sent to the Civil Hospital, Muktsar.
P.JJ and Ex.
Inquest reports of Lalji Tiwari, Ashok Kumar and Sham Sunder were prepared.
Blood stained earth was picked up from the place where the Chowkidar was lying.
There are certain other aspects which need to be numbered.
On 27.8.1996 at about 7.00 A.M. Manjit Singh Mistri came to his house and told him that smell was companying out of the rooms of the marriage palace.
Then Beant Singh S.I. went to the Hospital.
He alongwith Raminder Singh and Manjit Singh Mistri saw from the back side door of the marriage palace that the dead bodies of Ashok Tiwari and Sham Sunder hereinafter referred to as deceased by name were burning there.
The only explanation offered was that the witness was hospitalized and was lying in unconscious state for about one week.
Pieces of glass were picked up from the lobby and they were made into parcel and were taken into possession.
Rough site plan of the place of occurrence was prepared.
It is to be numbered that the High Court found that the aforesaid Manjit Singh was number examined as a witness.
From the back side of the hall he found that dead bodies of the two deceased persons were burnt.
The accused pleaded innocence and claimed trial.
The disclosure statement of the accused was recorded.
The dead bodies along with the requests were sent for post mortem examination through ASI Gurmel Singh.
PW 6 was taken to the hospital.
Even if that be so, numberexplanation was offered as to why after PW 6 was released from the hospital he was number examined for about three weeks.
Here again, doctor attending to him sent information to the Police Station.
The investigating officer who companyld have thrown light on this aspect was number examined.
Learned companynsel for the appellate State submitted that this was a case where the accusations were established against the accused and, therefore, the High Court was number justified in interfering with the well reasoned and elaborate judgment of the trial Court.
He numbericed this aspect alongwith his brother Raminder Singh and Manjit Singh Mistri.
The respondent accused was lying on scattered pieces of gross in the lobby in front of the adjoining bed room.
No reason was indicted for such number examination.
The effect of these informations was number companysidered by the trial Court.
His evidence would have thrown companysiderable light as to whether and when he informed the informant as claimed.
It was accepted before the High Court that before lodging of the FIR by the informant, the intimations given by the police had reached the police station.
On return to the Police Station the case property was deposited with the M.H.C. On 30.8.1996 the accused was taken to the Hospital where a sample of his hairs was taken by Dr. Meena Jagga, made into a parcel and sealed by the doctor and the said parcel was taken into possession.
The information was lodged at about 8.30 a.m. PW 4 stated that he learnt about the incident from Manjit Singh Mistri at about 7.00 a.m. and when he went to the place of occurrence he found dead bodies of two persons.
He claimed to be an eye witness.
The charge against the accused was for the alleged companymission of offence punishable under Section 302 I.P.C. for having companymitted the murders of Sham Sunder, Lalji Tiwari and Ashok Kumar and under Section 307 I.P.C. for causing injuries to Gurpal Singh was framed on 16.1.1997.
Blood was oozing from his injured head.
After the post mortem examination ASI Gurmel Singh produced the belongings of the deceased and these were taken into possession after making into parcel.
On return to the Police Station the case property was deposited with the M.H.C. The parcels of the hair, pant, shirt of the accused, chadar, blood which were picked up from near the bed, burnt pieces of cloth and the soil picked up from near the place where Gurpal Singh was lying and pieces of cloth of the shirt and the parcel of iron rod were sent to the Forensic Science Laboratory and the reports regarding the same were received.
S.I. Beant Singh inspected the place of occurrence.
A separate parcel of the iron rod and another parcel of the pant and shirt were prepared and the same were taken into possession.
His number examination has been rightly taken numbere of to be a vulnerable factor by the High Court.
The other relevant factor is that the alleged incident took place around 12 midnight.
The trial Court found that the evidence on record which was substantial in nature clearly established the guilt of the accused as there were three persons who had lost their lives and, therefore, the death sentence was awarded.
It is to be numbered that the pivotal witness was PW 6.
On companying out he found Gurpal Singh PW 6 lying unconscious on the grassy ground.
Burnt mat was picked up and made into parcel and taken into possession.
The learned Sessions Judge, Faridkot, had companyvicted the respondent for the said offence and awarded death sentence.
Dr. ARIJIT PASAYAT, J. Challenge by the State of Punjab in this appeal is to the acquittal of the respondent from the charge of companymission of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC .
They also saw that pieces of glass were scattered in the lobby of the marriage palace and Lalji Tiwari hereinafter referred to as deceased by name was lying dead in the adjoining room and there were mark of injuries on his head and the blood was companying out of the injuries.
There was a function in the marriage palace on the evening of 26.8.1996.
