SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 02.11.2004 rendered by the Sessions Judge, Ferozepur in Sessions Case No. 72 of 1997 whereby appellant, who was charged with and tried for offence punishable under Section 302 and Section 201 of Indian Penal Code (for short 'IPC') along with Gurmail Singh and Dalip Singh (his brother and father respectively) has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo further rigorous imprisonment for one year under Section 302 IPC. Under Section 201 IPC, he has been sentenced to undergo rigorous imprisonment for seven years. The sentences were ordered to run concurrently. Gurmail Singh and Dalip Singh have been acquitted.

(2.) The case of the prosecution in a nutshell is that on 23.05.1997, Gurmit Kaur complainant moved an application Ex.P-1 to the Senior Superintendent of Police, Barnala stating that her husband Balbir Singh was employed in the military in 8 Sikh LI c/o 56 APO. He proceeded on leave for two months on 07.04.1997 but had not reached home till then. They came to know of it after so many days when two persons who were residents of village Mannawala and Paddi (Ludhiana) came to their house and told that their sons had sent money with her husband and they had come to receive that money. They verified from his Unit. They earlier sent a telegram to his Unit. From the reply received from the Unit they learnt that her husband was on two months leave w.e.f. 07.04.1997. On receiving the information they made enquiries from their relatives but did not find him anywhere. They then sent family members to enquire from the Unit and they learnt that her husband had proceeded on leave with Sukhdev Singh son of Dalip Singh resident of Sadhanwala. It was also learnt that at the time when he proceeded on leave he had Rs.40,000/- in cash. They went to the village of Sukhdev Singh thrice. On their first visit they made enquiries from the brother of Sukhdev Singh who informed that Balbir Singh had come there. However his father interrupted him and stated that many soldiers visit their place daily. It could not be said who had come or not. Despite the fact that all the family members of Sukhdev Singh knew Balbir Singh so well as they were on visiting terms to each other's houses, they were made to sit outside by the family members of Sukhdev Singh and were not allowed to talk to the family members. They were also not treated sympathetically. After some time the father of Sukhdev Singh started talking about money without being asked. He stated that his son had not brought any money and that they were living hand to mouth. She apprehended that her husband had been murdered by Sukhdev Singh and his family in connivance with each other for the greed of money. She requested that justice be done. On receipt of that application the Senior Superintendent of Police Barnala got the matter enquired from CIA Staff Barnala who submitted report that Balbir Singh had been murdered by Sukhdev Singh with a small kirpan near the canal in the area of village Jhok Hari Har and threw his body in the canal. The SSP Barnala submitted the report to DIG Patiala Range who further sent it to DIG Ferozepur Range who in turn sent it to SSP Ferozepur for registration of case. On 28.07.1997 Sukhdev Singh accused was produced before ASI Jaswinder Pal Singh by Beant Singh Member Panchayat. On interrogation Sukhdev Singh made disclosure statement and got recovered a small kirpan Ex. MO-1 which was taken into possession. On completion of investigation challan was presented against the accused.

(3.) The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. He denied the allegations levelled against him and pleaded that he was innocent and had been falsely implicated in the case. However he led no evidence in defence.