BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two Criminal Appeals Nos. 121 and 140 of 1962, arise out of a criminal case in which the two appellants Babu Singh and Babu Lal were charged with having committed offences under s. 302 read with s. 34 and s. 201 of the Penal Code. The prosecution case against them was that on or about December 22, 1960, the two appellants murdered Mahtab Singh in furtherance of their common intention and thereby committed an offence under s. 302 read with s. 34. The case further was that on or about the day or the third week of January 1961, they did cause the evidence of the said murder to disappear by buying the dead body of Mehtab Singh and thereby committed an offence under s. 201 of the Code.

(2.) The victim Mehtab Singh was the father of the appellant Babu Singh and Babu Lal is the friend of Babu Singh. It appears that Mehtab Singh was living alone and that the relations between him and his son Babu Singh were not cordial. In fact, Mehtab Singh had complained to the police authorities that he apprehended danger from his son. The prosecution case as it was laid before the trial court was that on December 22, 1960, the two appellants entered the house in which Mehtab Singh lived. They caught hold of Mehtab Singh while he was sleeping on a cot. Babu Singh sat on his chest and throttled him while his companion held the victim down. The dead body of the victim was then packed up in a gunny bag and concealed in corner. Babu Singh who was familiar with the house and its contents forced open a locked trunk and removed a bag containing Rs. 1200/-. With this bag the culprits left the house Babu Singh taking care to lock the house before they left the scene of the offence. With the money thus obtained, Babu Singh made several purchases. Some days later Babu Singh with the help of Babu Lal removed the dead of his father to the house of Babu Lal where it was put underground in a kotha. That, in brief, is the prosecution case against the appellants. The discovery of this offence was made in a some what unusual manner. Babu Lal was arrested in connection with another theft case, and whilst he was being interrogated in the course of the investigation of that offence he made a disclosure statement and showed his willingness to make some discoveries. He then took the police party to his house and as a result of the statement made by him the Kotha containing the dead body of Mehtab Singh was dug up. On the same day, Babu Lal made another disclosure statement as a result of which a pair of shoes, watch, radio, hundred rupees in currency notes and some other articles were found. The prosecution alleges that these goods had been purchased by Babu Singh with the money he took away after murdering his father and were kept in the house of Babu Lal.

(3.) Babu Singh who was arrested on January 22, 1961, made a similar disclosure statement which led to the discovery of shoes, copper trunk and purchase receipt relating to the watch.