ARJAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 19.10. 1990, at about 8.00/8.30 P.M. Boliai Singh deceased after taking meals went outside for irrigating his fields. When lie did not return for a long, lima PW; 2 lather of the deceased went to see him in the fields but he was not there. The family members of Bohar singh searched him and at last in the early morning of 20.10.1990 the dead body of Bohar Singh with injuries on different part was found lying in the fields of Piara Singh of village Sodhiwala within the area of police Station Mamdot district Farozepur. There were signs of strangulation and injury on the left side of the head. The dead body was brought to the house of the deceased and it was got bathed. Thereafter the dead body was taken to Hussainwala river and the same was thrown in the river by tying a heavy stone. Uma PW.2 made an application Ex. PD to the Police and on its basis formal F.I.R. Ex. PD/1 was registered at 10.30 A.M. On 22.10.1990 i.e. after two days of the recovery of the dead body.

(2.) After recording the first information report, SI Balwant Singh PW. 5 along with other police officials, lima, Nihar Singh Sarpanch and others went to river Sujlej at Hussainwala and on the pointing out of lima the dead body of Bohar singh was taken out. He prepared inquest report Ex. PC and the dead body was sent for post mortem, on 22.10.1990, the said SI took into possession the clothes of deceased vide memo F.x.PE, On 23,10,1990, the Investigating Officer went to the spot and prepared rough site plan Ex.PF of the place of occurrence. On 9.11.1990, Arjan Singh and Becro accused were arrested. On 10.11.1990, in pursuance of his disclosure statement Ex. PG Arjan Singh got recovered Ghotna Fix.PI which was taken into possession vide memo Ex. PH.

(3.) However, during the investigation Kala PW. 3 (examined before the summoning of Dulla and Gajjan Singh appellants) made a statement before the police that on 19.10.1990 he went to the house of Arjan Singh appellant, lie a (id his wife Veero alias Beero had asked him to help them in throwing away the dead body of Bohar Singh. He refused to oblige them. He also noticed that Dulla and Gajjan Singh the other two appellants running away from the house of Arjan Singh. Arjan Singh also threatened him that if he told this fact to any one else he would also be harmed. During the further investigation Mangal Singh, also numbered as PW.3, told the police that he had seen in the electric light Arjan Singh and Gajjan Singh appellants strangulating Bohar Singh deceases while Veero and sisters husband of Gajjan Singh were sitting on the dead body of Bohar Singh. He also noticed all this and went home.