JASBIR SINGH ALIAS SEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Jasbir Singh alias Seera was tried by Sessions Judge, Fatehgarh Sahib on the charge under Sections 302/201 of the Indian Penal Code for committing the murder of Mohinder Singh alias Bali son of Sher Singh of the same village. Vide judgment of conviction and order of sentence dated 10.4.2001, the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500/-, and in default of payment of fine, he was to undergo rigorous imprisonment for six months. He was further convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-, and in default of payment of fine, he was to undergo rigorous imprisonment for one month. Both the sentences have been ordered to run concurrently.

(2.) In brief, the prosecution case is that on 1.7.1998, there was a marriage in the family of M/s Mittal Chemicals in Village Kumbh. Deceased Mohinder Singh alias Bali son of Sher Singh (PW8), PW5- Sadhu Singh, PW10-Ranjodh Singh and other residents of village Chattarpura went to attend the said marriage. When Mohinder Singh did not return back from the said marriage till the morning of 2.7.1998, his father Sher Singh (PW8) along with his brother Sadhu Singh (PW5), Ranjodh Singh (PW10), Mohan Singh and Chand Singh went to Police Station Gobindgarh and lodged DDR No.40 (Ex.D1) at 7.35 a.m. with regard to missing of Mohinder Singh alias Bali stating therein that his son had gone to attend the marriage of brother of M/s Mittal Chemicals in village Kumbh on 1.7.1998 at about 8.30 p.m., but he had not returned to home. After lodging the above report, the family members and relatives, including the prosecution witnesses were searching the deceased. On 6.7.1998, the dead body of Mohinder Singh alias Bali was found in a Gutter in the area of village Khumbh in decomposed condition. After recovering the dead body, on the statement of Sadhu Singh (PW8), which was recorded by SI Gurchain Singh (PW13) at 5.30 p.m. on 6.7.1998, FIR (Ex.PG) was registered against the accused for commission of the offence under Sections 302/201 IPC.

(3.) In his statement, PW5-Sadhu Singh stated that on 1.7.1998, he along with Ranjodh Singh (PW10) and deceased Mohinder Singh alias Bali and a number of other persons of village Chatarpur had gone in tractor- trolley to attend the marriage of the brother of M/s Mittal Chemicals. The marriage party continued till midnight. All the persons of their village, who went to attend that marriage, came back on their tractor trolleys after the marriage, but his nephew Mohinder Singh alias Bali did not come back. He further stated that when he along with PW10-Ranjodh Singh were coming back to their village on the scooter, his nephew Mohinder Singh alias Bali was coming on foot ahead of them towards the village with accused Jasbir Singh. He told him to come soon in the village, but he did not reach the village at night. On the next day, in the morning, when they inquired from the accused about the deceased, he told that the deceased sat near a garden as he had quarreled with him. He further told them that he did not know as to where the deceased then went away. In the morning of 2.7.1998, his brother Sher Singh and other persons of the village lodged the report regarding missing of deceased Mohinder Singh alias Bali. This witness further stated that on 6.7.1998, his relative Netar Singh (PW9) came to his house and told that on the midnight of the day of the marriage he was going on the scooter from village Chatarpur to village Borang Zer after inquiring about the health of his father- in-law in Amarbir Hospital, Khanna. When he reached near the bank of Minor Canal of village Khumb, he saw in the light of his scooter that accused Jasbir Singh was carrying a dead body on his shoulder near a Gutter. He further told that if they search for Mohinder Singh alias Bali near the Gutter, they can find some clue about him. Thereupon, he along with PW-9 Netar Singh and PW10-Ranjodh Singh went to search for Mohinder Singh near the Minor Canal. When they were searching the water of Minor Canal of village Khumbh and opened the cover of the Gutter, they saw the dead body of Mohinder Singh alias Bali lying in the Gutter. Thereafter, he left Netar Singh at the spot and went along with Ranjodh Singh to Police Station for reporting the matter. SI Gurchain Singh recorded his statement in Police Station, Gobindgarh on 6.7.1998 at 5.30 PM. In his statement, Sadhu Singh also stated that they were sure that accused Jasbir Singh had thrown the dead body of deceased Mohinder Singh alias Bali in the Gutter after murdering him with a view to destroy the evidence. He has done so because they had a dispute with accused Jasbir Singh relating to wall of their house since 2/3 years. On the basis of the said statement FIR (Ex.PG) was registered against the accused. After recording the aforesaid statement and lodging the FIR, SI Gurchain Singh along with other police officials went to the spot. The dead body of the deceased was taken out of the Gutter with the help of Safai Sewak PW6-Inderpal. The inquest report (Ex.PC) was prepared. The dead body of the deceased was identified by PW3-Avtar Singh, father-in-law of the deceased. Thereafter the dead body was sent to the hospital for post- mortem examination.