BALKAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Balkar Singh has preferred this appeal against his conviction and sentence under S.302, I.P.C. to life imprisonment, under S.201, I.P.C. for a period of two years R.I. and fine of Rs. 200 (in default of payment of fine, one year R.I.) and under S.379 to two years R.I. passed by Sri C.G. Garg III Additional Sessions Judge, Mathura.

(2.) According to the prosecution the facts of the case, in brief, are that Truck No. PUG 2120 belonged to Jagir Singh, deceased resident of village Athwal, P.S. Dera Baba Nanak district Gurudaspur and appellant Balkar Singh and co-accused Pyara Singh, who has been acquitted, were drivers thereon. That on 23rd March, 1977 along with the Truck and the two drivers Jagir Singh had gone to the Truck Union at Batala and from there he did not return. On 14-4-1977 cleaner Balvendra Singh along with Gurumeet Singh (P.W. 10) owner of another truck informed the complaint, Gurmit Singh (P.W. 2), brother of the deceased Jagir Singh, that a quarrel had taken place between Pyara Singh and Jagir Singh as the latter wanted to remove Pyara Singh form driving the truck and that Pyara Singh had told Gurmeet Singh (P.W. 10) that he would murder Jagir Singh. It is further alleged that on 22-4-1977 he had received a letter of Jagir Singh information him that he would return on the (sic) May, 1977. When Jagir Singh did not return then on 16-5-1977 complaint Gurmit Singh (P.W. 2) went to enquire at the Truck Union, Batala. Then he met Balkar Singh at his house and the letter told him that Jagir Singh had come to Delhi on 30th April, 1977 to return to the village and he did know anything about him.

(3.) On feeling suspicious that his brother had been murdered, he lodged a writing report (Ex. Ka-14) at police station Dera Baba Nanak district Gurudashpur. On that basis a case under S.364, I.P.C. was registered at P.S. Dera Baba Nanak on 23rd May, 1977. Thereafter on 25th May, 1977 Subba (P.W. 4) along with Budhwa Singh carried appellant Balkar Singh to the Police Station and told the Investigating Officer. Deedar Singh (P.W. 15) that Balkar Singh had made an extra-judicial confession to them having killed Jagir Singh along with Pyara Singh and left his dead body somewhere in the way within Police Station Chatta district Mathura, and that some of his articles he had kept in a bag at his house in Batala. Thereupon Deedar Singh also recorded the statement of Balkar Singh and then Balkar Singh accompanied the Investigating Officer and the witnesses to his house and took out the bag from the pit which contained a Kurta, Paijama, Phatapuri, Kachcha, Pagri which were in the bag. Balkar Singh is also alleged to have handed over a golden ring and a wrist watch of the deceased. It is further alleged that thereafter Balkar Singh accompanied the Investigation Officer and the witnesses to the place in police station Chatta, district Mathura, where the dead body of Jagir Singh was thrown and from there a skeleton of the dead body having a shirt and shoes lying nearby were also recovered.