NACHHATTAR SINGH ALIAS GOGI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of above mentioned three Criminal Appeals as all these appeals have arisen against the judgment and order dated 19.3.2001 passed by learned Sessions Judge, Rupnagar, convicting both the accused-appellants (Nachhattar Singh and Ranbir Singh) under Sections 302/34, 201 IPC and sentencing both of them to undergo life imprisonment and to pay a fine of Rs.5000/- each under Sections 302/34 IPC and in case of default of payment of fine to undergo further RI for further period of three months. Both the accused-appellants have been sentenced to undergo RI for five years and to pay a fine of Rs.2000/- each under Section 201 IPC and in case of default of payment of fine to undergo further RI for a further period of one month.

(2.) Appellant Ranbir Singh appears to have, by mistake, filed two appeals bearing Criminal Appeal Nos. 340-DB of 2001 and 347- DB of 2001, challenging his conviction and sentence.

(3.) Case of the prosecution is that Sant Ram deceased was working as a Forest Guard with the Forest Department, Punjab. He was posted as such in Bhaddi beat. He used to reside in a rented house in Village Bhaddi, Tehsil Balachaur, District Nawanshahar. His wife Smt.Suresh (PW/10) used to reside at Village Bhawat (Daulatsinghwala), PS Sohana, District Ropar with their three children- 2 sons and one daughter. Deceased Sant Ram used to visit his house in Village Bhawat after every 8-10 days. According to FIR dated 10.8.1998 (Ex.PT/1) recorded by complainant Smt.Suresh (PW/10), she came to know at her house on 26.7.1998 that her husband did not attend his duties w.e.f. 12.7.1998 whereupon she alongwith three others went to the house of her husband-Sant Ram at Village Bhaddi. After calling the Sarpanch of Village Bhaddi the lock of the house was opened and it was seen that the clothes of Sant Ram and other domestic articles were lying in the house and scooter was also parked. Thereafter she went to the kothi of Divisional Forest Officer, Garhshankar where she was told that an application regarding absence from duty of Sant Ram has already been submitted to Station House Officer, Balachaur through Range Officer. After verifying from PS Balachaur they went back to Village Bhawat. She alongwith 20-22 persons of her village again on 27.7.1998 reached PS Balachaur where she was told that Rapat number 39 dated 27.7.1998 regarding her missing husband has been registered and is being investigated. Thereafter they all returned to their Village Bhawat. On 29.7.1998 she alongwith her sisters Jasbir Kaur, Surinder Kaur,brother Jasmer Singh and other relatives reached PS Balachaur where she was told about a dead body lying in a jungle near pucca road leading from Bhaddi to Nurpur Bedi, which is wearing underwear alone and was requested to identify the dead body. Thereupon, she alongwith her sisters and brother reached the said place in the jungle, where police officials and public was present. There she found the decomposed dead body comprising of skeleton of bones and wearing a purple coloured underwear. She identified the dead body as of her husband Sant Ram from the Purple underwear which was stitched by her.