JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is as under: -At about 12.30 P.M. on September 12, 1993, Head Constable Teja Singh (P.W.- 1) accompanied by Constable Hans Raj (P.W.-2) was present near Khadial Chowk on patrol duty, when Chanan Singh P.W.- came there. After a short while, they heard an alarm of "Marta Marta" from the house of accused Jagdeep Singh, situated near the Kewal Krishan Hospital. On rushing inside the house of Jagdeep Singh, they saw Jagdeep Singh armed with a Ghotna, Jarnail Singh with a Ghop and Jarnail Singh's brother, Karnail Singh, armed with a Sabal giving injuries to Charanjit Kaur, wife of Jagdeep Singh and the sister of Jarnail Singh and Karnail Singh. As H.C. Teja Singh and the others got busy in looking after Charanjit Kaur, who had received serious injuries, the accused ran away from the spot. The motive for the offence was that the three accused suspected that Charanjit Kaur was a woman of low character and had accordingly forfeited the right to live. H.C. Teja Singh left the in-laws of Charanjit Kaur to look after her and himself made an attempt to apprehend the accused but as he could not do so, he left for the police station but came across A.S.I. Ajit Singh (P.W.-4) near the Railway crossing. He accordingly made a statement to the said officer at 7.05 P.M. and on its bass, the F.I.R. was registered at Police Station, Sunam, at 7.20 P.M.; with the special report being delivered to the Illaqa Magistrate at 11.00 P.M., the same day. In the meanwhile, the in-laws of Charanjit Kaur admitted her to Civil Hospital Sunam, where she succumbed to her injuries. On September 18, 1993, A.S.I. Ajit Singh alongwith a police part was present at the bus stand, where accused Jarnail Singh and Karnail Singh were produced before him by Kapur Singh. They were arrested and on their disclosure statements the weapons of offence allegedly used by them were recovered. Jagdeep Singh accused was arrested on September 19, 1993 by A.S.I. Ajit Singh and the Ghotna (Exh.P6) was also recovered at his instance. On the completion of the investigation the accused were charged for an offence punishable under Section 302/34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(2.) To prove its case, the prosecution examined P.W.-1 H.C. Teja Singh, the first informant and an eye-witness; P.W.-2 Constable Hans Raj, another eye-witness; P.W.-3 H.C. Mandhir Singh, who was a witness to the arrest of the three accused and also to the recovery of the murder weapons on the basis of their disclosure statements; P.W.-4 A.S.I. Ajit Singh, the Investigating Officer; and P.W.-5 Dr. Surjit Singh, who had conducted the post-mortem examination on the dead body and had found six injuries thereon and opined that the same could have been caused with the weapons, allegedly carried by the accused. P.Ws. Chanan Singh, Sunder Kuamr and Pritam Singh were, however, given up as having been won over by the accused.

(3.) The prosecution case was then put to the accused and they denied the allegations levelled against them and pleaded false implication. Their relations inter-se and with the deceased were, however, admitted.