BAKHTAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the night intervening 26th/27th March, 1994, around 4.00 A.M., Devinder Singh P.W1 and Kaur Singh P.W2 both resident of village Ghuda were coming back after arranging the labourers for harvesting of rabi crop and when they reached near the main gate of the house of Mal Singh appellant, they heard some cries and shrieks of Nirmaljit Kaur, a young daughter of Mal Singh saying "Na Maro Na Maro" (Don't kill Don't Kill). They also allegedly heard that Mal Singh, Bakhtaur Singh, Surjan Singh, Kartar Singh and Gurbax Singh all were telling the victim that because of her marriage with Lachhman Singh P.W3, the complainant, who was a person from lower caste, they have not been able to show their faces in the village. After some time the voice of cries and shrieks went into silence.

(2.) Lachhman Singh P.W3 resident of village Maluka, belonged to a Scheduled Caste tribe, who was working as a Teacher had developed intimacy with Nirmaljit Kaur and cutting short the entire background and story they allegedly married at New Delhi on 10.7.1991 at Arya Samaj Mandir, a temple in Delhi with the help of Pt. Ram Subhag Shashtri P.W5. Marriage certificates were issued by Pt. Ram Subhag Shashtri. So Lachhman Singh made an application Ex. PB before the Superintendent of Police, Bathinda that Nirmaljit Kaur had met him on the evening of 26.3.1994 at Bus Stand Baja Khana and she had promised that she was going to return but on the appointed date she did not come and he apprehended that Nirmaljit Kaur had been killed by her parents and brothers. This letter set the machinery of law into motion. Inspector Ram Parkash P.W9, who was the S.H.O. at the relevant time, after making his endorsement Ex. PB/1 sent the same for registration of a case and on its basis formal F.I.R. Ex. PB/3 was recorded on 3.4.1994 at 8.30 P.M. The special report reached the learned Ilaqa Magistrate at 11.00 P.M. on the same day. It was revealed during the investigation that the body of Nirmaljit Kaur had been cremated. On 4.4.1994, Inspector Ram Parkash along with other police officials went to village Ghudha and went to the place of occurrence i.e. the house of Mal Singh appellant. He prepared rough site plan Ex. PF of the scene of occurrence. He also took into possession the ashes and bones from the cremation ground vide memo Ex. PG. Thereafter the said Inspector went to the Gurdwara of the village and Harnek Singh Granthi produced before him one bag containing the remains of the dead body of Nirmaljit Kaur which were taken into possession vide memo Ex. PH. On 6.4.1994, marriage certificate was produced by Lachhman Singh which was taken into possession vide memo Ex. PC. On 17.4.1994, he arrested Gurbax Singh alias Ghurka accused. On 27.4.1994 Surjan Singh accused was arrested. Mal Singh and Kartar Singh appellants were produced by Gurnam Singh Ex. President, Municipal Committee, Jaitu before him on 27.4.1994. In pursuance of his disclosure statement Ex. PK Kartar Singh got recovered two small ear rings belonging to Nirmaljit Kaur which were taken into possession vide memo Ex.PL. After completion of the investigation, the accused were put to trial.

(3.) Mr. Jagpal Singh Dalai PW1O, Professor and Head of Forensic Medicine and State-Medico Legal Advisor Govt. of Punjab, Guru Gobind Singh Medical College, Faridkot, made the following observations :