TEJINDER SINGH @ BILLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 27.9.2002 passed by the learned Addl. Sessions Judge, Amritsar, whereby the appellant was convicted for an offence under Sections 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- i.e. for causing death of Gurpinder Pal Singh @ Gopi son of Ranjit Singh, aged about 7 1/2 years. The appellant was also sentenced to undergo rigorous imprisonment for a period of five years for an offence under Section 201 IPC i.e. for disposing of the dead body of Gurpinder Singh @ Gopi with intention to disappear evidence to screen himself from legal punishment.

(2.) The prosecution case was set in motion on the basis of the statement of Ranjit Singh Ex. PA on 23.5.2000. It has been stated by him that he has two sons namely Simranpal Singh, aged about 10 years and Gurinder Pal Singh, aged abut 7 1/2 years. His son Gurinder Pal Singh studies in Ist Class in Baba Jago Public School, Kohali. He (Gurinder Pal Singh) goes to school alongwith other children by bus and also returns the village by bus. On 23.5.2000, he (Gurinder Pal Singh) went to school alongwith other children at about 7.30 AM by bus. At about 1.30 PM, the Clerk of the school came to their house and informed that Gurinder Pal Singh, before the prayers at about 7.45, AM has been taken away by one unknown Hindu gentleman on a white colour scooter, which was without stepney on the pretext that his uncle asked him to take medicines and to go to Amritsar. The description of Gurinder Pal Singh was said to be of fair colour, big eyes, height about 3 1/2 feet, wound mark on the right thigh, healthy with heirs on the head and wearing blue patka on head, white T- shirt, blue nikkar, blue tie, white socks and black shoes. On such information, he alongwith his father Jarnail Singh, uncle Balwinder Singh and Clerk of the School went to School and enquired about Gurinder Pal Singh. He has further deposed that he had money at his home for the purchase of land and somebody has taken away Gurinder Pal Singh for taking ransom or killing after kidnapping. On such complaint, a ruqa was sent by SI Shangara Singh to the Police Station Lopoke at 4.45 PM, on the basis of which FIR Ex. PA/2 was lodged on the same day at about 5.55 PM.

(3.) On 27.5.2000, Balwinder Singh (PW-6) produced Tejinder Singh, appellant before Inspector Shailnder Singh, the Investigating Officer. The appellant suffered a disclosure statement Ex. PL that he had kept concealed the dead body of Gurinderpal Singh @ Gopi on the bank of canal in the area of village Piddi under the sarkandas and offered to get the same recovered.