JUDGMENT Mehtab S. Gill, J. - This judgment will dispose of Murder Reference No. 1 of 1998 and Criminal Appeal No. 121-DB of 1998 directed against the judgment dated March 11, 1998 passed by the Sessions Judge, Faridkot, as common questions of fact and law are involved in the same. 2. The police was set into motion on the statement of Parminder Singh (PW-4). He stated before Beant Singh Sub Inspector (PW-8) that he is a resident of Patti Thambu Sahib, Muktsar and is an agriculturist. He had also constructed a Marriage Palace at Malout road named as "Chahal Marriage Palace." Ashok Kumar, Lalji Tiwari and Sham Sunder sons of Sagar Ram Pandit, residents of Gangoli Khurd, District Gonda (U.P.) and Kulwant Singh @ Kanta son of Mohinder Singh, Mazhabi, resident of Khunde Halal, Police Station City Muktsar, were employed as servants in the said Marriage Palace. Gurpal Singh son of Mukhtiar Singh was employed as a watchmen. On August 26, 1996, there was a function in the Marriage Palace. Manjit Singh Mistri, resident of Malout, along with other labourers was constructing a shed in the Marriage Palace. After the function was over, Parminder Singh (complainant) before going to his house, asked his four servants, as mentioned above, to look after the goods and other articles lying there. On August 27, 1996 at about 7.00 A.M. Manjit Singh Mistri came to the house of the complainant and told him that smoke was coming out of the rooms of the Marriage Palace. The complainant along with his brother Raminder Singh and Manjit Singh Mistri went there and saw that a lot of smoke was coming out of the rooms. From the back door of the hall, they saw the dead bodies of Ashok Tiwari and Sham Sunder burning. Kulwant Singh accused was lying on the scattered pieces of glass in the lobby in front of the adjoining bed room. Blood was oozing from his injured head. On coming out, he saw Gurpal Singh, watchman, lying unconscious on the grassy ground and blood was coming from an injury on his head. After making arrangements, Gurpal Singh, Chowkdiar, was sent to the Civil Hospital, Muktsar. The complainant along with his brother Raminder Singh went inside and saw that Kulwant Singh accused was moving a little bit. He was also then sent to the Civil Hospital, Muktsar. After making arrangements, Gurpal Singh, Chowkdiar, was sent to the Civil Hospital, Muktsar. The complainant along with his brother Raminder Singh went inside and saw that Kulwant Singh accused was moving a little bit. He was also then sent to the Civil Hospital, Muktsar. He further stated that he went to the Police Station City Muktsar and gave his statement that he suspected that Kulwant Singh @ Kanta due to some grudge had murdered all the three, who were real brothers. 3. The police came to the spot and sent the dead bodies for post mortem examination. 4. Dr. Madan Gopal Sharma, Medical Officer, Civil Hospital, Muktsar (PW-3) deposed that on August 27, 1996 he conducted post mortem examination on the dead body of Lalji son of Sagar Ram, Pandit by caste, 25 years old, resident of village Gangoli Khurd, District Gonda (U.P.). The body was brought by Assistant Sub Inspector Gurmel Singh and Joga Singh Constable No. 1017. The dead body was identified by Chander Shekhar son of Ram Sunder resident of Gonda (U.P.) and Raminder Singh son of Gamdoor Singh resident of Patti Tambu Sahib, Muktsar. It was a dead body of young male, aged about 25 years, having height of 5 feet 7-1/2 inches, stout, wearing an underwear. There was a piece of cloth in the right hand and some black hair in the left hand. Eyes were closed. Mouth was closed and blood-stained. Blood stains were present on the nostrils and ears. Rigor mortis and post mortem staining were present on the dependent parts. Doctor found the following injuries on the dead body :- 1. A lacerated wound 6 cms x 3 cms into bone deep on the left side of forehead, 3 cms from the midline and 3 cms above the left eye-brow. On dissection left frontal bone was seen fractured. 2. A lacerated wound 8 x 3 cms into bone deep on the left side of head, 8 cms above the left ear pinna and 9 cms behind anterior hair line. On dissection underlying left parietal and left occipital bone was seen fractured. This fracture continues with the fracture of injury No. 1. Brain cavity was full of clotted blood. Meninges underlying the fractured bones were ruptured. 5. Scalp, skull, as described, vertebra were healthy, membrane and brain were in the position, as described above. Spinal cord was healthy. On dissection underlying left parietal and left occipital bone was seen fractured. This fracture continues with the fracture of injury No. 1. Brain cavity was full of clotted blood. Meninges underlying the fractured bones were ruptured. 5. Scalp, skull, as described, vertebra were healthy, membrane and brain were in the position, as described above. Spinal cord was healthy. In the thorax heart both the chambers were found empty. All other organs and structures were found healthy. Abdomen walls, peritoneum, mouth oesophagus were healthy. Stomach contained about 200 to 250 mls. of semi-digested food particles. Small and large intestines were healthy and contained food and gases. Liver, spleen and kidney were found healthy. Bladder contained about 50 mls. of urine. Organs of generation were found healthy. Muscles, bones and joints were in the position, as described above. 6. In the opinion of the Doctor, the cause of death was due to shock and haemorrhage resulting from injuries No. 1 and 2 (head injuries) which were sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. The probable time that elapsed between injuries and death was immediate and between death and post mortem within 24 hours. 7. On August 27, 1996 he conducted post mortem examination on the body of Sham Sunder son of Sagar Ram, aged about 30 years, resident of Village Gangoli Khurd, District Gonda (U.P.). Body was brought by Assistant Sub Inspector Gurmail Singh and Joga Singh Constable No. 1017, which was identified by Chander Shekhar son of Ram Sunder, resident of Gonda and Raminder Singh son of Gamdoor Singh, resident of Patti, Tambu Sahib Muktsar. It was a dead body of well built male, aged about 30 years, having height of 5 feet 6 inches, wearing one shirt, an underwear blue coloured one Janeu (sacred thread). Scalp hair and moustache were present. Eyes and mouth were closed and tongue slightly protruded out. Blood stains were present on the face, nostrils and right ear. Rigour mortis and PM staining were present. The following injuries were found by the doctor :- 1. A lacerated wound 2 cms x .75 cms x bone deep on the left side of forehead, 5 cms from the midline and 4 cms above the left eye brow. On dissection underlying frontal of left side had compound fracture. Meninges were ruptured. 2. The following injuries were found by the doctor :- 1. A lacerated wound 2 cms x .75 cms x bone deep on the left side of forehead, 5 cms from the midline and 4 cms above the left eye brow. On dissection underlying frontal of left side had compound fracture. Meninges were ruptured. 2. A lacerated wound 3 cms x 1.5 cms on the right side head, 10 cms above the right ear pinna and 10 cms behind the anterior hair line. On dissection parietal bone of right side was found fractured. 3. A lacerated wound 6 cms x 3 cms on the back of head 4 cms from injury No. 2. On dissection occipital bones of right side were found fractured. 4. A lacerated wound 6 cms x 3 cms on the top of head in the midline. On dissection underlying occipital bone of left side was found fractured. Brain cavity was found full of clotted blood. 5. There was burn injuries (superficial) present on the left forearm and hand. Reddish margins and blisters were present. Deep burn injuries were present on left lower limb, left foot, right lower limb and right foot. Smoke and dust particles were present on the chest and abdomen on the anterior aspect. Total burn injuries constituted about 25%. 8. The Doctor opined the cause of death to be shock and haemorrhage resulting form injuries No. 1 to 4 (head injuries) which were sufficient to cause death in the ordinary course of nature. All the injuries and burns were ante mortem in nature. Probable time that elapsed between injures and death was opined to be immediate, i.e., within two hours and between death and post mortem within 24 hours. 9. On August 27, 1996, he conducted post mortem examination on the dead body of Ashok Kumar son of Ram Sagar, about 22 years old male, resident of village Gangoli Khurd, District Gonda (U.P.) brought by Gurmel Singh, Assistant Sub Inspector and Joga Singh No. 1017 and identified by Chander Shekhar and Raminder Singh. It was a dead body of young male, aged about 22 years and 5 feet 7 inches in height. The body was charred. Eyes and mouth were closed. Tongue slightly protruded out of the mouth. Scalp hairs were black and intact. The dead body had the following injuries :- 1. It was a dead body of young male, aged about 22 years and 5 feet 7 inches in height. The body was charred. Eyes and mouth were closed. Tongue slightly protruded out of the mouth. Scalp hairs were black and intact. The dead body had the following injuries :- 1. A lacerated wound 4 cms x 3 cms on the right side of forehead, 2 cms from the midline and 4 cms above the left eye-brow. On dissection compound fracture of the right frontal bone was present and meninges were ruptured. 2. A lacerated wound 4 cms x 4 cms was present on the left side and back of the head, 9 cms from ear pinna and 11 cms behind the anterior hair line. On dissection, left parietal and occipital bone were found fractured. Meninges underlying were ruptured. Brain cavity contained clotted blood. 3. The body bore about 90% burn injuries sparing face and scalp. There were reddish margins of superficial burns on the back of chest and abdomen. Blisters were present on the right shoulder region. Both lower limbs bore deep burns. Left foot and left lower limb were detached from the body due to deep burns. Both the upper limbs bore deep burns. Abdomen and chest on the front and back bore superficial burns. Genitalia was burnt, that is testicles were burnt and part of the penis was also burnt. 10. Dr. P.N. Girdhar, Senior Medical Officer, Civil Hospital, Muktsar (PW-1) deposed that on August 27, 1996 at 7.15 A.M. a person named Gurpal Singh son of Mukhtiar Singh, resident of Malout Road, Muktsar was brought to the hospital in a very serious condition with alleged medico-legal injuries. He was brought by Manjit Singh son of Gulzar Singh, resident of Malout and ruqa was sent vide No. 621 dated August 27, 1996 to the police. On the same date at 7.45 A.M., he prepared medico-legal report. The patient was unconscious. Pupils left side were fixed and dilated, non-reacting to light. On the right side, pupils were normal in size, reacting normally to light. B.P. was 130/84 mm of Hg and pulse was 96 per minute. He found the following injuries :- 1. A lacerated wound 2.5 cms x 0.75 cms on the left temporal region, 1.5 cms from the outer angle of left eye. Underlying bone was fractured. Clotted blood was present. 2. B.P. was 130/84 mm of Hg and pulse was 96 per minute. He found the following injuries :- 1. A lacerated wound 2.5 cms x 0.75 cms on the left temporal region, 1.5 cms from the outer angle of left eye. Underlying bone was fractured. Clotted blood was present. 2. Diffused swelling 6 cms x 6 cms was present on the left eye. Eye was blackened. 3. A lacerated wound 2 cms x 0.5 cms on the left side head, 5 cms from the left ear, 9 cms from the midline, 4 cm from the anterior hair line. Clotted blood was present. 11. Injury No. 1 was declared dangerous in nature and injuries No. 2 and 3 were kept under observation. Probable duration of injuries was within 12 hours and weapon used for all the injures were opined to the blunt. 12. Dr. Meena Jagga, Civil Hospital, Muktsar (PW-2) deposed that on August 27, 1996 she examined Kanta Singh son of Mohinder Singh resident of village Khunde Halal. The incident occurred at Chahal Palace, Muktsar. The following injuries were detected by the doctor :- 1. A lacerated wound 1.5 cms x 1 cm on the lateral aspect of the left leg, 6 cms above the lateral malleolus. Clotted blood was present. 2. A linear incised wound 1.5 cms on the inner aspect of left heel, 5 cms below the middle melleolus. 13. We have heard Shri S.C. Chhabra, who was appointed as amicus curiae for the accused and Shri S.S. Dhaliwal, Deputy Advocate General, Punjab and have also gone through the record of the trial Court. 14. The occurrence in this case has taken place on the night intervening August 26/27, 1996 at 12.00 P.M./1.00 A.M. in Chahal Marriage Palace which is at a distance of 1-1/2 kms from the Police Station City Muktsar. The First Information Report, Exhibit PS, was recorded on the statement of Parminder Singh son of Gamdoor Sigh, who is one of the owners of the Marriage Palace. His statement was recorded on August 27, 1996 at 9.15 A.M. by Sub Inspector Beant Singh (PW-8). The Special Report reached the Sub Divisional Judicial Magistrate, Muktsar on August 27, 1996 at 11.10 A.M. There is a delay of 10-11 hours from the time of occurrence to the Special Report reaching the Sub Divisional Judicial Magistrate. His statement was recorded on August 27, 1996 at 9.15 A.M. by Sub Inspector Beant Singh (PW-8). The Special Report reached the Sub Divisional Judicial Magistrate, Muktsar on August 27, 1996 at 11.10 A.M. There is a delay of 10-11 hours from the time of occurrence to the Special Report reaching the Sub Divisional Judicial Magistrate. The distance between Police Station City Muktsar and the Court of Sub Divisional Judicial Magistrate, as per the counsel for the appellant, is about 1 km. We have no hesitation in recording that there has been an unexplained delay, keeping in view the fact that the place of occurrence, Police Station and the Court of the Sub Divisional Judicial Magistrate are situated within a radius of 1-1/2 kms. Prompt lodging of the First Information Report goes a long way in helping the Court to come to the conclusion that no consultation and confabulation took place. But as in the present case, along with other factors, which will be discussed in the later part of the judgment, some suspicion does creep in as to why there has been a delay in lodging the First Information Report and Special Report reaching the Magistrate. 15. It is the case of the prosecution that the deceased and the accused all were working in the same Marriage Palace while Gurpal Singh (PW-6) was the watchman. Going through the First Information Report, Exhibit PS, no motive has come forward nor any previous enmity or quarrel between the deceased and the accused has been alleged by the complainant. He, being the owner of the Marriage Palace, will be in the knowledge of any type of previous dispute, which may have culminated into these murders. 16. Manjit Singh Mistri, who had informed complainant Parminder Singh that there was smoke coming out of the Marriage Palace and had brought the complainant at the spot, was not produced by the prosecution nor any reason has been given as to why he has not been produced. The only witness, which we have, is Gurpal Singh (PW-6), who has suffered injuries on his body and has stated that he saw the occurrence. Going through the statement, Exhibit DB, of Gurpal Singh (PW-6), it is revealed that his statement under Section 161 of the Code of Criminal Procedure was recorded on September 25, 1996. The only witness, which we have, is Gurpal Singh (PW-6), who has suffered injuries on his body and has stated that he saw the occurrence. Going through the statement, Exhibit DB, of Gurpal Singh (PW-6), it is revealed that his statement under Section 161 of the Code of Criminal Procedure was recorded on September 25, 1996. The learned counsel for the accused has pointed out the zimni order dated September 30, 1996 in which the Sub Divisional Judicial Magistrate, Muktsar has recorded as under :- "Present : APP for the State Accused in custody Police file has been seen. The last zimni is dated 2.9.96. Matter be brought to the notice of S.S.P. Muktsar for casual dealing of the triple murder case for taking action against the negligent officer. The accused is however remanded to judicial custody till 11.10.96. Sd/- 30.9.96 S.D.J.M." 17. It is clear that from September 2, 1996 to September 30, 1996, no investigation had taken place, falsifying the fact that the statement of Gurpal Singh (PW-6), the sole eye witness, was recorded on September 25, 1996. Further, it is strange that the Public Prosecutor vide his statement made before the learned Sessions Judge gave up Assistant Sub Inspector Ravel Singh as unnecessary. He alone could come and state in the witness box as to this serious lapse on the part of the prosecution and also he alone could have thrown light as to why the statement of Gurpal Singh (PW-6), if believed, was recorded after a lapse of one month. The occurrence has taken place on the intervening night of August 26/27, 1996 and as per the prosecution, the statement of Gurpal Singh, eye witness, was recorded on September 25, 1996. But, as pointed out above, it does not seem that the statement was recorded on September 25, 1996, but was recorded at a later date, and it was only PW Ravel Singh, Assistant Sub Inspector, who could have thrown light on the whole episode. 18. Going through the statement of Gurpal singh (PW-6), it does not inspire confidence. We find that the motive, which he has stated, seems to be of a very trivial nature. He states that as the deceased were Pandits and the accused was Mazhabi, they did not like him touching the Refrigerator from which they used to take water. 18. Going through the statement of Gurpal singh (PW-6), it does not inspire confidence. We find that the motive, which he has stated, seems to be of a very trivial nature. He states that as the deceased were Pandits and the accused was Mazhabi, they did not like him touching the Refrigerator from which they used to take water. One cannot lose sight of this fact that they were working in the same Marriage Palace and when workers get together, a sense of brotherhood comes about, and such types of grudges never crop up. It is strange, as this witness has stated that though the accused used to work at the house of Parminder Singh, the owner of the Marriage Palace, but the deceased thought him so low that he should not touch their water lying in the Refrigerator. Gurpal Singh (PW-6) has further stated that when he saw the accused giving rod blows to Sham Sunder and Ashok Kumar, he shouted that he (accused) should stop it, but the accused came towards him with the rod and attacked him. Gurpal Singh was the watchman and all watchmen have at least a lathi in their hands, but Gurpal Singh has stated that his lathi was lying on the table. Further he has stated that he remained unconscious for about one week in the hospital. Even taking this aspect of his being unconsciousness for one week into account, still the Investigating Officer had ample time to record his statement. But he has further stated that the police came to him only on the day when his statement was recorded, i.e., September 25, 1996. 19. The learned Deputy Advocate General, Punjab, has argued that Gurpal Singh (PW-6) is a stamped witness and being a watchman of the Marriage Palace is a natural witness. But the question which arises for consideration is that whether Kulwant Singh @ Kanta (accused herein) gave injuries to the deceased and Gurpal Singh (PW-6) or was it some other person or persons who had come and given these fatal injuries ? 20. The prosecution has miserably failed in explaining as to how the injuries were inflicted on the person of the accused. 20. The prosecution has miserably failed in explaining as to how the injuries were inflicted on the person of the accused. The accused was admitted in the hospital on August 27, 1996 and the Doctor has opined that injury No. 1 is possible if a person is dragged on the ground and some small pieces of brick or stone are there on the ground. Injury No. 2 is possible if a piece of glass is lying on the ground while dragging. 21. Going through the recovery memo. Exhibit PV, in which it is stated that the glasses of soda bottles were picked up from the lobby where Kulwant Singh @ Kanta accused was lying. This shows that some sort of scuffle or fight took place between some persons in which soda water bottles were used as weapon of offence. There is no explanation coming forward from the prosecution as to how these glass pieces were there and how these injures were on the person of the accused. 22. With these observations, the Murder Reference is declined and the appeal of the accused is accepted. The judgment/order dated March 11, 1998 of the trial Court is set aside and the accused/appellant is, accordingly, acquitted of the charges framed against him. Appeal allowed.