SARABJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case is as under: Sant Ram alias Santu (deceased), a resident of Chhajewal, had been married with Sarabjit Kaur accused and a son and a daughter had been born to the couple. Sant Ram had five brothers, including Chhota Singh (P.W.- 1), who all were residing separately in village Chhajewal. At about 10.00 P.M. on November 27, 1993, Chhota Singh aforesaid was going to the house of his brother Sant Ram and as he reached near the main gate of Sant Ram's house, he heard cries coming from inside the house and on going inside saw him lying on the ground in the court- yard and the two accused Dalbara Singh and Sarabjit Kaur throttling him. Chhota Singh raised a Raula, on which Gulzar Singh (P.W.-2), a collateral, also rushed that side. The two accused, however, ran away from the spot warning Chhota Singh and Gulzar Singh that in case they reported the matter to the police, they too would be dealt with in a similar manner. Chhota Singh and Gulzar Singh accordingly did not move out at night on account of the threat that had been held out, but early next morning left for the police station to report the matter, but on the way at Bus Stand, Raikot met a police party headed by A.S.I. Jagir Singh (P.W.-7), who recorded Chhota Singh's statement at 10.45 A.M. on November 28, 1993 and on its basis the formal F.I.R. was registered at 11.00 A.M. on November 28, 1993 in Police Station. Jagraon, 9 kms. away from the place of the incident' with the special report being delivered to the Illaqa Magistrate at Jagraon itself at 3.00 P.M., the same after-noon. In the F.I.R., it was alleged that the two accused had illicit relations with each other which had been objected to by the deceased and that he had been done away with by the accused., as he was an obstacle in their way. After recording the F.I.R. A.S.I. Jagir Singh reached the place of incident and made the necessary enquiries. While drawing the inquest report, he also noticed a tuft of hair in the left hand of the deceased. The hair were removed by the doctor and handed over to the Investigating Officer and were ultimately set for analysis to the Forensic Science Laboratory alongwith the specimen hair of the two accused. The Laboratory in its report (Exh.PY) opined that the hair recovered from the hand of the deceased did not have any common characteristics with the sample of the hair taken from the two accused and set for comparison. On the completion of the investigation, the accused were charged for offences punishable under Sections 302/34 and 506 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(2.) The prosecution in support of its case, examined, inter-alia, P.W.-1 and P.W.-2 the two eye-witnesses Chhota Singh and Gulzar Singh, respectively; P.W.-4 Dr. Rajnish Garg, who had conducted the post-mortem examination on the dead body at 4.15 P.M., on November 28, 1993 and had noticed the tuft of hair in the left hand of the deceased which he had removed and handed over to A.S.I. Jagir Singh and had also opined that the death had been caused due to asphyxia as a result of throttling; P.W.-5 Constable Karam Singh, who deposed that he had handed over the special report to the Illaqa Magistrate in the Court at 12.45 P.I., on November 28, 1993 and not at 3.00 P.M., and that the distance between the police station and the judicial courts at Jagraon was one kilometre; P.W.-6 A.S.I. Rajinder Pal Singh, who produced the two accused before the Judicial Magistrate, Jagraon with a request that the sample of their hair be taken and after the samples had been taken, had handed over the same to A.S.I. Jagir Singh, who in turn had forwarded the same for comparison to the Laboratory; and P.W.-7 S.I. Jagir Singh, the main Investigating Officer.

(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure and they denied the allegations levelled against them.