JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jamail Singh appellant was working as Special Police Officer i.e. on die rank of a Constable and living as a tenant in the house of another Jarnail Singh son of Puran Singh PW.3, at Ram nagar, Mukerian, with the area of Police Station, Mukerian, District Hoshiarpur. Jamail Singh PW.3 has grand daughter Amandeep, aged 14 years, grand sons Paramjit Singh, aged 13 years and Sarbajit Singh alias Sabho, aged 10 years. Satnam Singh PW.l9 is the father of these children. So obviously Satnam Singh PW.19 is the son of Jarnail Singh PW.3. Satnam Singh PW.19 was occupying ground floor. Resham Singh appellant, who was the Sarpanch of the village has three daughters and no son. Resham Singh used to visit Jamail Singh accused and was friendly with him.

(2.) On 7.1.1996, Satnam Singh PW.19 along with his wife had gone to the house of his sister in village Gurdas Nangal to give gifts of Lohri. He had lift behind his son Sarabjit Singh deceased at his place under the care and custody of his father Jarnail Singh PW.3 Jamail Singh accused used to take the children to market for purchase of Sweets, kite and other eatables. In the evening Jamail Singh PW.3 came back and found that his grand son Sarabjit Singh was missing.

(3.) On 8.1.1996, Jamail Singh went to the Police Station and made statement Ex.PC in the presence of SI Surinder Kumar and on its basis formal F.I.R. was recorded at 10.15/10.50 P.M. on 8.1.1996. The said Sub Inspector started the investigation and went in search of Jarnail Singh appellant, who was not found in his premises. Then he searched for Resham Singh appellant and he was apprehended near cremation ground of Naushehra Pattan, the place nearby and on interrogation in the presence of Baldev Singh and Sucha Singh, he made a disclosure statement Ex.PX that he had kept concealed the dead body of Sarabjit Singh deceased in the sugar cane field of Master Hardev Singh and got the same recovered. The dead body was taken into possession vide memo Ex.PX/1 at the instance of Resham Singh. Blood stained earth from the place of recovery was taken into possession vide memo Ex.PZ. The lighter Ex.P24 and V-shaped Chappal Ex.P25 were taken into possession vide memo Ex.PZ. , Two moulds Ex.P26 and P27 were also lifted from the spot and taken into possession vide memo Ex.PAA. The spot was got photographed. Gurdip Singh Finger Print Expert developed finger prints from the knife Ex.P21 which i was lying at the spot and it was taken into possession vide memo Ex.PR after preparing its sketch Ex.PBB. The said Sub Inspector prepared inquest report Ex.PG in the presence of Sucha Singh and Baldev Singh PW.l7. The dead body was dispatched for post mortem. The other appellant Jamail Singh was arrested on 9.1.1996. On that day, the clothes of the deceased Ex.PIO to P. 15 were taken into possession vide memo Ex.PCC.