LAWS(P&H)-2001-8-242

BHOLA ALIAS RANJIT SINGH Vs. STATE OF PUNJAB

Decided On August 29, 2001
BHOLA ALIAS RANJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Satwant Singh alias Bittu (deceased) resident of village Barmalipur, within the area of Police Station Division No. 6, Ludhiana, was married with Sarabjit Kaur. Earlier to her marriage she allegedly had illicit intimacy with one Bhola alias Ranjit Singh appellant. On the intervening night of 25/26.3.1991, Bhola came to the residential house of Satwant Singh, who lived there with his father Sukhdev Singh P.W.1. Karnail Singh P.W.2 real brother of Sukhdev Singh was staying in the house. Around 5.00 A.M. on 26.3.1991, there was some hue and cry in the house and the aforesaid two brothers noticed that Ranjit Singh alias Bhola appellant was causing blows with the help of a hammer on the head of Satwant Singh alias Bittu, as a result of which he fell down and then Sarabjit Kaur his wife dealt knife blows on the chest of Satwant Singh. Bhola then snatched the knife from Sarbjit Kaur and gave 2-3 knife blows on the chest of Satwant Singh alias Bittu. As a result of this the deceased succumbed to the injuries at the spot. Sarabjit Kaur was married with Satwant Singh just about 3-1/2 months earlier to this incident.

(2.) On 26.3.1991, Sukhdev Singh P.W.1 met SI Sadhu Singh P.W.11, Incharge Police Post Shimlapuri, Police Station Division No. 6, Ludhiana at Chowk Dabba. The former made his statement Ex. PA before the latter at 7.20 A.M. After making his endorsement Ex. PA/1, the said Sl sent the same for registration of a case to Police Station Division No. 6, Ludhiana and on its basis formal F.I.R. Ex. PA/2 was recorded at 8.05 A.M. on the same day. The special report reached the learned Ilaqa Magistrate at 9.25 A.M. on 26.3.1991. The Investigating Officer reached the scene of occurrence. He prepared inquest report Ex. PD and sent the dead body for post mortem. He also lifted blood stained earth vide memo Ex. PB and prepared rough site plan of the scene of occurrence Ex. PZ. After post mortem, the said SI also took into possession clothes of the deceased vide memo Ex. PF. Sarabjit Kaur accused was arrested on 31.3.1992. Bhola alias Ranjit Singh appellant was arrested on 8.4.1991. In pursuance of his disclosure statement Ex. PH, Bhola appellant got recovered blood stained hammer, which was taken into possession vide memo Ex. PH. On personal search of Bhola appellant letters Ex. P3 to P5 were taken into possession vide memo Ex. PJ.

(3.) Dr. G.P. Mangla P.W3 conducted autopsy on the dead body of Satwant Singh alias Bittu deceased on 26.3.1991 at 5.00 P.M. and found the following injuries :