PARKASH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FACTS given rise to the presint occurrence as disclosed by the prosecution breifly stated are as under. Gurmit Kaur Sister of Boota Singh (PW- 4) resident of Nihaluwal was married to Bakhir Singh at village Mehalkalan since before the present occurrence. On 2. 3. 1986 Bakhir Singh and Gurmit Kaur reached village Nihaluwal at 10 A. M. They came on a cycle. After taking tea, Bakhir Singh and Boota Singh went to village Bopa Rama as the former wanted to bring his motorbike from accused appellar to Parkash Singh and Jagdev Singh. None of the accused was available at village Bopa Rama. They had gone to Village Gurma on the motor-cycle as per information conveyed by wife of Parkash Singh. Bakhir Singh and Boota Singh, on their way back, reached Bus Stand, Dadahoor at about 6 P. M. They came across both the accused there who arrived on motor-cycle PUN-9070. Soon after their arrival at the Bus Stand, the two accused and Bakhir Singh consumed a bottle of liquor which was provided by Parkash Singh and thereafter Parkash Singh, Jagdev Singh and Bakhir Singh left for village Bopa Rama so that Bakhir Singh could bring his motor cycle from thereon the following morning. Boota Singh (PW4) came back to his village Nihaluwal. When Bakhir Singh did not return on the following day, PW Boota Singh thought he perhaps proceeded to his village Mehalkalan. When be learnt from the said village in the evening that Bakhir Singh had not reached there, Boota Singh became apprehensive and started search for Bakhir Singh.

(2.) ON 4. 3. 1986 both Parkash Singh and Jagdev Singh Came to the house of PW Boota Singh and on his asking and that of his sister informed them that Bakhir Singh had come back on the previous day leaving motorcycle with them he sold for Rs. 3,000/- and a gold bangle weighing 1-1/2 tolas. After 3/4 days thereafter Boota Singh again met the accused but they could not provide any satisfactory information with regard to where abouts of Bakhir Singh. Thereafter PW Balaur Singh informed Boota Singh that he had seen both the accused on narrow bridge of village Dadahoor and at that time Bakhir Singh was not with them, After that Boota Singh lodged the report, Exh. PD with the police on 9 3. 1986.

(3.) ON 11. 3. 1986 the dead bady was recovered by S. I. Bhagat Singh (PW17j (now Inspector) from the canal which was stuck with a Sheesham tree within the revenue limits of village Tapali. Inquest, Exh. PB of the dead body was prepared and it was then sent for postmortem examination.