RESHAM SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) The three appellants and four other persons, namely, Dr. Amrik Singh, Iqbal Singh, Gursewak Singh and Sarwan Singh were charge-sheeted for the commission of different offences under the Indian Penal Code in Sessions case No. 151/95 in respect of FIR No. 334/83 of Hauz Khas police station. Vide judgment dated 29-05-99 the learned Additional Sessions Judge, New Delhi held appellants Piara Singh and Kewal Singh, both of whom are real brothers, guilty under Sections 302/323 IPC and appellant Piara Singh was also convicted alongwith the third appellant Resham Singh under Section 120-B r/w Section 218 IPC while the other two accused Amrik Singh and Sarwan Singh, who were tried under Section 120-B r/w Section 218 IPC, were acquitted. Resham Singh was convicted under Section 218 r/w 120-B IPC also. Accused Gursewak Singh and Iqbal Singh died during the trial and so the case against them abated. Vide order dated 02-06-1999 learned Additional Sessions Judge awarded life imprisonment to appellants Piara Singh and Kewal Singh for the offence of murder and they were also directed to pay a fine of Rs. 2000/- each, in default of payment they were ordered to undergo further six months rigorous imprisonment. They were also awarded rigorous imprisonment for six months for their conviction under Section 323 IPC. Piara Singh and Resham Singh were further awarded two years rigorous imprisonment for their conviction under Section 120-B r/w 218 IPC. Resham Singh was also awarded two years rigorous imprisonment under Section 218 IPC. All the three convicted accused preferred separate appeals against their convictions and they were heard together and are now being disposed of by this common judgment.

(2.) The facts leading to the prosecution of the appellants and other accused persons have been noticed by the learned trial Court in para no. 1 of the impugned judgment and they are as under:-

(3.) It appears that during the investigation the investigating officer found that accused Piara Singh and Kewal Singh had after committing the murder gone to village Dasuya in Hoshiarpur District of Punjab and there they managed to get prepared false documents/record showing that Piara Singh had been arrested on 22/04/83 at about 8.30 p.m. in Dasuya village by co-accused Gursewak Singh, who during those days was the SHO of Dasuya police station, for an offence under Section 34 of the Punjab Police Act for creating nuisance in public after consuming liquor. They also managed to get prepared an MLC of Civil Hospital at Dasuya from co-accused Dr. Amrik Singh, who was working there, showing that he had medically examined Piara Singh at 9.30 p.m. and he was found under the influence of liquor and then a false kalandra was also got prepared from co-accused Resham Singh, who was posted as Head Constable at Dasuya police station, and it was filed in Court on 26/4/83 when Piara Singh, as per the pre- planned conspiracy between all the seven accused, appeared in Court and pleaded guilty and was convicted and sentenced to fine of Rs.10/- vide judgment dated 26-04-1983(Ex.PW-23/M).