HARINDER SINGH @ HIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment dated 14.11.2008 of the High Court of Punjab and Haryana, whereby the appeal filed by the appellant was dismissed and the judgment of the trial court holding the appellant guilty of having committed offences under Sections 302 and 201 of the Indian Penal Code, 1860 (IPC for short), and sentencing him to undergo punishment of life imprisonment with a fine of Rs.5000/-­, in default of payment of fine to undergo further Rigorous Imprisonment (RI for short) for six months on the first count, and RI for three years with a fine of Rs.2000/-­, in default of payment of fine to undergo further RI for one month on the second count, has been upheld.

(2.) Sawinder Kaur (PW-­3), widow of Major Singh filed a complaint on 31.01.2004 with the police. In this complaint she alleged that she and her husband had two sons viz., Gurdev Singh and Hardev Singh. Her elder son Gurdev Singh (deceased) was adopted by Daljit Kaur, (sister of her husband) and Suba Singh (husband of Daljit Kaur), since they had no issue. Harinder Singh (accused), is the son of Lakhwinder Singh, the elder brother of her husband. Harinder Singh and Suba Singh jointly purchased a tractor. According to her, she used to visit the house of Suba Singh to meet her elder son Gurdev Singh (deceased), and he also used to come over every 15-­20 days to meet her. It was further alleged that Harinder Singh had quarrelled with Gurdev Singh and had accused Gurdev Singh of grabbing the land of Suba Singh free of cost. She was informed about this fact by Gurdev Singh. 15 days prior to the lodging of the complaint, Harinder Singh had told the complainant that Gurdev Singh had gone with some of his friends on a motorcycle and had not returned for many days. Thereafter, the complainant enquired about Gurdev Singh from his friends and also from Harinder Singh, but Harinder Singh did not give any proper reply and kept putting her off on one pretext or the other. According to the complainant on 31.01.2004 Chanan Singh (PW-­4), who is the son of another elder brother of her husband came to her house and told her that Harinder Singh had met him and told him that he had committed a grave mistake. About 22/23 days earlier he had quarrelled with Gurdev Singh (deceased), and had killed him by giving a blow of axe (kulhara) and buried his dead body by digging a pit. He also said that he had committed the said act in consultation with Suba Singh (accused).

(3.) Upon the said report being lodged, SI Inderjit Singh (PW-­10), along with Sawinder Kaur and Chanan Singh, went to the house of Suba Singh at Ajnala and there Harinder Singh was taken into custody. When Harinder Singh was being questioned, he made a disclosure statement to the effect that he had buried the dead body of the Gurdev Singh (deceased) in the field of Suba Singh in village Chamiari and he said that he could get the body recovered. His statement (Ex.PD) was recorded on which he put his thumb impression. The statement was signed by SI Gurmukh Singh (PW-­5) and ASI Gurbax Singh. Thereafter, the investigating officer sent a request (Ex.PN) to the Deputy Commissioner, Amritsar, for deputing an Executive Magistrate so that the dead body could be recovered in his presence. Thereupon, Naib Tehsildar Amarjit Singh (PW-­11) joined the investigation. In the presence of Amarjit Singh, other police officials on duty and others, accused Harinder Singh dug out the body of Gurdev Singh from the place disclosed and identified by him. The clothes of Gurdev Singh were identified by Chanan Singh (PW-­4) and Karam Singh (not examined). Recovery memo (Ex. PK) was prepared. Thereafter, the investigating officer conducted the inquest proceedings and prepared inquest report (Ex.PA). The entire process of recovery of dead body was video-­graphed by Constable Ravinder Singh (PW-­7), videographer of CIA Staff, Amritsar.