NAIBI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Naibi Singh was tried by Additional Sessions Judge, Mansa on the charge under Sections 302 IPC for committing the murder of Janta Singh alias Janti. Vide judgment dated 5.8.2002, he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default of payment of fine, to further undergo RI for one year. Against the said judgment, appellant Naibi Singh has filed the instant appeal.

(2.) In the present case, the prosecution version about committing the murder of Janta Singh alias Janti Singh aged about 25 years, by the appellant is based upon the statement made by Bhola Singh, real brother of the deceased. In his statement (Ex.PE), which was recorded by SI Harpal Singh (PW8) at 6.30 AM on 26.7.2001 in Police Station City, Mansa, he stated that they were four brothers and all were married. His brother Janta Singh alias Janti Singh was residing separately from them. He was having friendly terms with accused Naibi Singh, a resident of the village. Their wives used to go together for fetching green fodder. Naibi Singh was suspecting that his wife Pammi had illicit relations with Janta Singh alias Janti Singh. He told him many times about that and asked that his brother should break the relations with his wife, otherwise he will be killed. But, they (complainant) did not bother about it. Their (deceased and accused) friendship remained as usual. On the intervening night of 25/26.7.2001 at about 12.30/1.00 A.M., he along with his brother Jasvir Singh was going to the house of Bhola Singh son of Surjit Singh (son of his real Maasi) to sleep there and to condole the demise of Bhola Singh, who had died two days before, due to fall from the roof. When they were passing near the Dharamshala, they thought that they should get a Dollu of tea prepared from the house of his brother Janta Singh for being taken to the place where the mourners had gathered to condole the death of said Bhola Singh. While proceeding towards the house of his brother, he was ahead 8/10 karms from his brother Jasvir Singh. When he reached in front of the house of his brother Janta Singh, he saw in the light through the window of the room that accused Naibi Singh was causing injuries on the face of his brother Janta Singh, who was lying on the cot, with the handle of the hand pump. At that time, nobody was present in the house as wife of his brother Janta Singh had gone to her parental village. On seeing the occurrence, he perplexed and returned back. Then Naibi Singh ran away towards western side after throwing the handle of the hand pump at the spot. He was also seen by his brother Jasvir Singh while he was running after causing injuries to Janta Singh. Thereafter, when they went in the room, they found his brother dead. He was lying on the cot and blood stained bricks were lying on the pillow side of his cot. It appeared to them that the brick blows were given on the head of the deceased. The handle of the hand pump was lying nearby the cot. Then he informed Panch Gurcharan Singh and Sarpanch Surjit Kaur, and other people about the murder. Thereafter they thought that in-laws of his brother Janta Singh be called. Then his brother Jasvir Singh was sent to in-laws of Janta Singh. They waited for him and in-laws of Janta Singh till morning, but when they did not reach, he along with Panch Gurcharan Singh and Sarpanch Surjit Kaur had come for giving information to the police. His brother had been killed by Naibi Singh due to suspicion of illicit relations with his wife. Action be taken.

(3.) On the basis of the aforesaid statement, formal FIR was registered on the same day against the appellant under Section 302 IPC at Police Station, City Mansa at 7.30 AM. After recording the FIR, the police party headed by SHO Harpal Singh went to the spot and Constable Bikkar Singh was sent for delivering the Special Report to the Illaqa Magistrate. The police reached the spot at about 8.00 AM. Inquest report (Ex.PD) was prepared. One handle of the hand pump (Ex.P6), stained with blood, was taken into possession vide recovery Memo Ex.PH. Two blood stained bricks (Ex.P3 and Ex.P4) were also taken into possession vide recovery memo Ex.PF. Blood stained shirt, pillow and blanket (Ex.P8 to Ex.P10) were also taken into possession vide recovery memo Ex.PK. The pair of the Chappals (Ex.P5) was also taken into possession vide recovery memo Ex.PG. The blood from the spot was also lifted and kept in sealed parcel vide recovery memo Ex.PM. Blood stained plastic baan (Ex.P7) from the cot, was also taken into possession vide recovery memo Ex.PL. The cot was also taken into possession and rough site plan was prepared. The body was lifted from the spot and sent for post mortem examination. The statements of witnesses Gurcharan Singh, Panch and Surjit Kaur, Sarpanch were also recorded.