SARDAR SINGH Vs. STATE DELHI ADMINISTRATION DELHI

JUDGEMENT

(1.) Sardar Singh, his wife Saraswati and his brother's wife Savitri were charged under Sections 302/34 and 201/ 34, Penal Code (IPC) for the murder of one Charanjit. The trial Court convicted Sardar Singh and his wife Saraswati on both the counts and sentenced them to imprisonment for life on the first count and for five years on the second count. Accused Savitri was, however, acquitted by the trial Court. The High Court dismissed the appeal filed by Sardar Singh. Saraswati was acquitted of the charge under Ss. 302/ 34, IPC but her conviction and sentence under Sections 201/34 IPC was maintained by the High Court. These two appeals are by Sardar Singh and Saraswati against the judgment of the High Court.

(2.) Sardar Singh, appellant and one Tara Chand are real brothers. Both of them were residing in village Jhatikara. They were living in adjoining houses. Deceased Charanjit was living in a house adjacent to their houses. Charanjit's wife had died about ten years ago and he was living in the house by himself. Deceased Charanjit had developed illicit relation with Savitri wife of Tara Chand and also with appellant-Saraswati.

(3.) The prosecution case in a nut-shell is that deceased Charanjit was having illicit relations with both Saraswati and Savitri and used to visit them during night for the last so many years. On March 31, 1983 the deceased had gone to sleep in his house in the evening and did not appear thereafter. On April 4, 1983 Lakhmi Chand, brother of the deceased, lodged report with the police expressing suspicion against the appellants and Savitri. It is alleged that during the course of interrogation Sardar Singh-appellant made a disclosure statement and consequently led the police party to his sitting room where he pointed out a spot covered by a cot. Sardar Singh, thereafter, dug the floor and the dead body of the deceased was recovered from a five feet deep grave. Thereafter, at the pointing out of the appellant Sardar Singh, the police also seized doe (wood cutter) and knife contained in a canvas bag hanging in the adjacent room. The dead body was tied with a rope and was wrapped in three gunny bags. The recovered knife had no blood stains while the doe was found stained with blood. On examination by the Serologist the blood stains on the doe were found to be human and of the same group as that of the deceased.