DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The judgment and order dated 19 th February, 2009 passed by the Division Bench of the High Court of Punjab & Haryana in an appeal filed by the three appellants is subject matter of challenge in the present appeals. It is admitted at Bar that the appellant Swaran Kaur died during pendency of the present appeals after she was released on bail by this Court on 4th October 2010.

(2.) An FIR was lodged by Jarnail Singh (PW-7) on 28 th March, 2005 at 12:35 pm. He was the member of Nagar Palika, Morinda and had taken 7 Bigha of land on lease from Pritpal Singh, Mohan Singh sons of Khushal Singh on which he had sown wheat crop. He had also taken 7 Bigha of land on lease from Faqir Chand where again he had sown wheat crop. He stated that the wheat in the land of Faqir Chand is of small size but the wheat in the land of Pritpal Singh was 2 1/2 feet in height. He further stated that at about 10:30 am in the morning on that day, he along with Mohinder Singh Lamberdar (Village Headman) and Hari Pal had gone to his field but noticed a foul smell emanating from the land of Pritpal Singh near dump of wheat husk. He noticed a jute bag with maggots around it and suspected it to be a dead body of a man or a woman. The land was near the bye-pass that was frequented by people, however, it was lying closed because of rains. He left Hari Pal and Mohinder Singh Lamberdar at the spot and went to report the matter to the Police. Such statement was recorded by Balwant Singh, SHO who later appeared as PW-15. The investigations were initiated, dog squad and finger print experts were called at the spot. Case was registered against unknown persons. Copy of FIR was sent to the concerned Magistrate.

(3.) On examination of the body in the inquest proceedings (Ex.PL), one telephone diary, a plastic bag, a jute bag and ladies wearing cloth were found. The body was found to be decomposed and could not A Dupatta was found around the neck be identified. The postmortem was conducted on 30th March, 2005. The dead body was identified by Ujjagar Singh and Kuldeep Singh (PW-13).