SARDAR SINGH Vs. STATE

JUDGEMENT

(1.) The learned Additional Sessions Judge by his order dated 29th of November 1985 convicted the appellants under section 302/201/34 Indian Penal Code . and by his subsequent order dated 3rd of December 1985 each one of the appellants was sentenced to undergo imprisonment for life under sections 302/34 IPC. The appellants were also sentenced to undergo rigorous imprisonment for 5 years under section 201/34 Indian Penal Code .It is these orders which arc being impugned by the appellants in this appeal.

(2.) To begin with, it is necessary to notice the facts. Briefly staling one Tara Chand and appellant Sardar Singh are real brothers. Both of them reside in village Jhatikara. The deceased Charanjit had developed illicit relations with one Savitri wife of Tara Chand and also with appellant No. 2 Smt. Saraswati, wife of appellant Sardar Singh. Smt. Savitri wife of Tara Chand who had also been charged for the aforesaid offences has since been acquitted and we are not conceined with her. Tara Chand and appellant Sardar Singh used to live in a common premises, in the sense that their houses were separate though adjoining to each other and their courtyards were demarcated by 3 feet high partition wall. The house of she deceased Charanjit is adjacent to their houses. The deceased Charanjit's wife had died about 10 years ago and he was residing all alone in this house. His two brothers Lakhmi Chand and Bhuri Singh were residing in their houses situated at a distance of 200 yards.

(3.) The prosecution case is that the deceased Charanjit was carrying on with both Smt. Saraswati appellant and Savitri wife of Tara Chand and used to visit them during night for the last so many years. According to the prosecution on 31st March 1983 the deceased had gone to sleep in his house in the evening but he disappeared on the same night. The dead body of the deceased Charanjit was subsequently recovered from the house of appellants. On the morning of 1st of April 1983 when the deceased was not seen in the village his two brothers did not care much thinking he might have gone somewhere, hut on 2nd of April 198.1 the brothers of the deceased became anxious and they started making enquiries. On 3rd of April 1983 Lakhmi Chand, brother of the deceased, lodged a report marked Ex. Public Witness 3/A regarding the fact that Charanjit deceased was missing. On 4th of April 1983 in the morning hours Lakbrni Chand again lodged another report Ex. Public Witness IO/A expressing suspicion against the appellants on the basis of which an F.I.R. under section 365 Indian Penal Code was registered. Tara Chand brother of appellant Sardar Singli as also his wife Savitri were also shown to be the suspects.