STATE OF PUNJAB Vs. KULWANT SINGH

JUDGEMENT

(1.) This judgment will dispose of Murder Reference No. 1 of 1998 and Criminal Appeal No. 121-DB of 1998 directed against the judgment dated March 11, 1998 passed by the Sessions Judge, Faridkot, as common questions of fact and law are involved in the same.

(2.) The police was set into motion on the statement of Parminder Singh (PW-4). He stated before Beant Singh Sub Inspector (PW-8) that he is a resident of Patti Tambu Sahib, Muktsar and is an agriculturist. He had also constructed a Marriage Palace at Malout Road named as "Chahal Marriage Palace." Ashok Kumar, Lalji Tiwari and Sham Sunder sons of Sagar Ram Pandit, residents of Gangoli Khurd, District Gonda (U.P.) and Kulwant Singh alias Kanta son of Mohinder Singh, Mazhabi, resident of Khunde Halal, Police Station City Muktsar, were employed as servants in the said Marriage Palace. Gurpal Singh son of Mukhtiar Singh was employed as a watchman. On August 26, 1996, there was a function in the Marriage Palace. Manjit Singh Mistri, resident of Malout, along with other labourers was constructing a shed in the Marriage Palace. After the function was over, Parminder Singh (complainant) before going to his house, asked his four servants, as mentioned above, to look after the goods and other articles lying there. On August 27, 1996 at about 7.00 A.M.Manjit Singh Mistri came to the house of the complainant and told him that smoke was coming out of the rooms of the Marriage Palace. The complainant along with his brother Raminder Singh and Manjit Singh Mistri went there and saw that a lot of smoke was coming out of the rooms. From the back door of the hall, they saw the dead bodies of Ashok Tiwari and Sham Sunder burning. Kulwant Singh accused was lying on the scattered pieces of glass in the lobby in front of the adjoining bed room. Blood was oozing from his injured head. On coming out, he saw Gurpal Singh, watchman, lying unconscious on the grassy ground and blood was coming from an injury on his head. After making arrangements, Gurpal Singh, Chowkidar, was sent to the Civil Hospital, Muktsar. The complainant along with his brother Raminder Singh went inside and saw that Kulwant Singh accused was moving a little bit. He was also then sent to the Civil Hospital, Muktsar. He further stated that he went to the Police Station City Muktsar and gave his statement that he suspected that Kulwant Singh alias Kanta due to some grudge had murdered all the three, who were real brothers.

(3.) The police came to the spot and sent the dead bodies for post mortem examination.