MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants along with Gurmukh Singh and Sunder Singh were sent up for trial before the learned Additional Judge of the Special Court, Ferozepur Zone, Faridkot for various offences in connection with the death of Pritam Kaur wife of Mukhtiar Singh appellant. Gurmukh Singh and Sunder Singh were acquitted of all the charges. Appellant Mukhtiar Singh was convicted for an offence under Section 302. IPC and sentenced to suffer life imprisonment and to pay a fine of Rs. 500/- and in default, to undergo six months R.I. The remaining appellants Kartar Singh, Ran Singh, Dhan Singh and Piara Singh were convicted for the offence under Section 201 IPC and sentenced to two years RI each and to pay a fine of Rs. 200/- each and in default of payment of fine, to further undergo RI for one month each. They have filed this appeal under Section 14 of the Terrorist Affected Areas (Special Court) Act, 1984 challenging their conviction and sentence.

(2.) The prosecution case is that Pritam Kaur deceased was married to Mukhtiar Singh appellant. She was the cousin sister of Kartar Singh PW 3 and Badri Singh PW 5. The relationship between Mukhtiar Singh and Pritam Kaur- deceased were said to be strained and the deceased was being maltreated in her matrimonial home. On 11-3-84, Kartar Singh PW 3-a cousin of the deceased and Sarpanch of the village was irrigating his field at about 5 p.m. when he heard noise from the side of the house of the appellants and went there. He found all the appellants present armed with dangs. In his presence, Kartar Singh appellant exhorted his sons to finish Pritam Kaur deceased and thereupon his sons assaulted the deceased with dangs on various parts of her body. Appellant Mukhtair Singh dealt a dang blow on the back of the neck of Pritam Kaur as a result of which she fell down and died. Kartar Singh PW 3 protested but was told to mind his own affairs by the appellants. He left for the village and on the way met Bhag Singh PW 4 and narrated the occurrence to him. On 12-3-84, Badri Singh PW 5 had gone to village Mansinghwala to have a round of his land which was under cultivation of his brother, Kartar Singh PW 3. After having a round of the fields, he went to the house of his cousin, Pritam Kaur deceased and on reaching there, found the dead body of his cousin Pritam Kaur lying near the door of the residential room. It was covered with a chaddar. Badri Singh PW removed the chaddar from the face of the deceased and noticed some stiffness at the back of he neck. He became suspicious and immediately left for village Sandahwan to inform Harnam Singh - father of the deceased. Accompanied by Harnam Singh, Bhagwan Singh, Balwant Singh, Wazir Singh and some others he came back to village Mansinghwala and on reaching there, learnt that the dead body had already been removed for cremation. They all then went to the cremation ground, reaching there at about 2 p.m. The dead body was on the funeral Pyre. Giurmukh Singh, Piara Singh, Sunder Singh, Kartar Singh, Dhan Singh and Ran Singh (accused) were feeding fire to the pyre. On seeing Badri Singh, Balwant Singh PWs and others they all ran away leaving the dead body on the Pyre and a tractor trolley nearby. The fire was extinguished and the half burnt dead body was removed from the Pyre. Leaving Balwant Singh, Wazir Singh and Harnam Singh to take care of the dead body, Badri Singh PW 5 accompanied by Sunder Singh PW went to report the incident to the police. When they both reached near Sadiq Chowk, Harbhagwan Singh SHO, Police Station. Sadiz met them. Badri Singh made a statement before him Ex. P5, which was sent by the SHO to the Police Station and on the basis thereof a formal FIR Ex. P5/B was registered. SI Harbhagwan Singh PW9 thereupon took up the investigation in hand and rushed to the cremation ground. He took possession of the dead body and after preparing an inquest report Ex.P3 sent the dead body to Faridkot for post mortem examination. The autopsy on the dead body was conducted by a panel of three doctors, under the supervision of Dr. J. S. Dalal. PW 1. The medical board after post mortem examination, gave the opinion that the cause of death was coma as a result of dislocation of the 2nd and 3rd cervical vertebrae and that the injuries were ante mortem in nature and sufficient to cause death in the ordinary course of nature. On completion of the investigation, the appellant were sent up for trial. Mst. Lachmi, wife of Kartar Singh was discharged at the initial stages itself by the trial court.

(3.) The prosecution with a view to connect the appellants with the crime, relied upon: