KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The aforesaid two appeals have been filed by appellant Kashmir Singh against his conviction, one filed through his counsel and second through jail.

(2.) Crl. Appeal No.523-DB of 2001 was filed by Kashmir Singh impugn the judgment dated 6.8.2001 rendered by Sessions Judge, Jalandhar and Crl. Appeal No.358-DB of 2002 was also filed by Kashmir Singh through jail to impugn the same judgment. By the judgment dated 6.8.2001, Kashmir Singh was convicted under Section 302 and Section 376 IPC. Under Section 302 IPC, Kashmir Singh was directed to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine, he was further directed to undergo RI for a period of six months. Under Section 376 IPC, appellant was directed to undergo RI for a period of 10 years and to pay a fine of Rs.5000/-. In default of payment of fine, he was further directed to undergo RI for a period of three months. Both the substantive sentences were ordered to run concurrently. Out of fine recovered, an amount of Rs.10,000/- was ordered to be paid to Lal Singh, father of the deceased.

(3.) Prosecution story, in brief, is that Lal Singh alias Lali on 16.10.1999 at 8:15 a.m reported the matter to police party headed by ASI Gurmail Singh while present near chowk Pokhaiwal to the effect that he is the resident of Village Sangowal. He has two sons and one daughter namely Lado, aged about three years. On 15.10.1999 at about 11:00 a.m, Lado had gone outside the house for playing. At that time, she was wearing a shirt and salwar. But she failed to return till evening. They had made an effort to trace Lado but she was not traceable. Announcements were made through public address system by Mohinder Singh Granthi in village Sangowal and also in the adjoining villages. Today at 6:30 a.m, he along with his brother Chhota Lally, Piara Singh and Sukhdev Singh while searching for his daughter Lado were present near the electric motor of Kaul Dass of village Lidhran Kalan. Then they sighted Kashmir Singh alias Pappi while wrapping a chadar and concealing something in the fold of the chadar. They enquired from Kashmir Singh as to what he was concealing, then Kashmir Singh threw the dead body of a child in the heap of manure and fled away from the spot. They tried to apprehend him but failed. After going near the dead body, the same was found to be of Lado. There was only a shirt on the person of lado with a string around her neck. After committing rape, he had murdered Lado and threw her dead body on the heap of manure. Chhota Lally, Piara Singh and Sukhdev Singh were deputed to guard the dead body. Lal Singh alias Lally and Kundan Singh, Sarpanch had gone to the Police Station to lodge report. Near Phokhaiwal Chowk, police had met the complainant. Statement of Lal Singh was recorded which was signed by him after admitting the same to be correct. After making endorsement at 8:15 a.m on 16.10.1999, statement was sent to the Police Station on the basis of which, formal FIR was recorded.