BIJINDER SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Bijinder Singh (19), son of Prahlad Singh, agriculturist, resident of village Bigheypur, District Meerut, Uttar Pradesh, who was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for having murdered Surajpal Singh by judgment dated August 21, 1976 of the Additional Sessions Judge, New Delhi.

(2.) Briefly, the facts are these. Surajpal Singh, a young boy of 18, belonging to village Meerpur, District Aligarh, Uttar Pradesh, was carrying on dairy business in servant quarters of bungalow No. 12, Mandir Marg, Delhi Cantt. allotted to Capt. Bhag Singh (Public Witness 18). Mahender Singh (Public Witness 19), younger brother of Surajpal Singh, who was studying in those days, came to Delhi to spend his summer vacation. He left for his village on July 24, 1975 but again came on August 4, 1975 and found appellant instead. On being asked about Surajpal Singh, the appellant informed that Surajpal Singh had gone to the village with Rs. 3100 for purchasing buffaloes. On August 7, 1975, Capt. Bhag Singh perceived some foul smell and asked Rupa (Public Witness 17), sweeper, to take a round and attend. Rupa discovered that fou'l smell was emanating from Bajra field in bungalow No. 12 where there was a skeleton of a human body. He informed Capt. Bhag Singh who gave information to Police Station Delhi Cantt. on telephone at 6.40 p.m. Sub-Inspector R. S. Rana (Public Witness 23) arrived at the spot at 7.15 p.m. On account of darkness he could not have a fair look at the place from where the foul smell was coming. Accordingly, he deputed two Constables to guard the spot and left. On the following day, he again arrived to the spot and found a human skull and different parts of a human body in the form of skeleton lying in the field. A torn baniyan and a remnant of an underwear were found sticking to the skeleton and a shirt having a green button was found lying close by. Mahender Singh came to the spot at about 2.30 p.m. and saw the baniyan, underwear and the green button of the shirt and identified them to be the clothes of Surajpal Singh. Accordingly, he inferred that the skeleton, which was otherwise unidentifiable, was what remained of Surajpal Singh who had been murdered during his absence. Suspecting Bijender Singh to be the murderer, he made statement Ex. Public Witness . 8/A before Sub Inspector R. S. Rana, who forwarded it to the Police Station with endorsement Ex. Public Witness 23/A that an offence punishable under Section 302 of the Indian Penal Code appeared to have been committed at 3.50 p.m. On the basis of the rukka. First Information Report (copy Ex. Public Witness 8/B) was recorded and case was registered.

(3.) Sub Inspector R. S. Rana seized kassi lying in the corner of the field and prepared memo Ex. Public Witness 18/A. Chander Mohini (Public Witness 2), aunt of the deceased, produced a green button which was seized vide memo Ex. Public Witness 18/B.