JOGINDER SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 28.3.2001 passed by the learned Addl. Sessions Judge, Jallandhar, whereby he convicted the Appellant -Joginder Singh for the offence punishable under Section 302 of the Indian Penal Code (for short the 'Code') and sentenced him to undergo life imprisonment and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo further rigorous imprisonment for six months. The Appellant has been further ordered to undergo rigorous imprisonment for two years, under Section 411 of the Code. Both the substantive sentences were ordered to run concurrently.

(2.) ANOTHER co -accused -Banso was granted benefit of doubt in respect of the offence under Section 302 of the Code but was convicted for the offence under Section 411 of the Code and ordered to undergo imprisonment for a period of two years.

(3.) AFTER FIR Ex. P -12/B was lodged, in pursuance of the said statement, investigation was taken into hand by the police and suspects named i.e. Amarjeet Singh @ Shira Tundi and Baljinder Singh son of Swaran Singh both the residents of Uppal Khalsa were arrested. On 3.1.1999, Major Singh, husband of the deceased -Amarjit Kaur made statement Ex. DA after coming back from Dubai. He stated that on 30.12.1998, he received a telephonic message at Dubai that Amarjit Kaur has been murdered. He came back to his village on 31.12.1998 and after arrival, consigned the dead body of his wife to fire. On 2.1.1999, he found the locks of boxes were lying opened which were kept in store and the articles were lying scattered. He found the purse containing golden ornaments, the Kissan Vikas Patras amounting to Rs. 90,000/ -, Bank pass books of his wife, Fixed Deposit receipt of Rs. 40,000/ -belonging to his sister as well as golden ornaments, including two golden bangles, two pair of ear rings, one golden chain, four rings, one golden set, currency notes of Rs. 12,000/ - and one wrist watch, were missing. He also stated that the store was locked from outside and how the suit cases were broken when his son Gurpreet Singh @ Gopi aged 13 -14 years and his daughter aged 61/2 years were present in the house. He stated that Joginder Singh, his brother and Banso, his sister -in -law (brother's wife) have murdered his wife for the sake of money and ornaments and got the false case registered against Amarjit Singh @ Shira Tundi and Baljinder Singh. He stated that Banso accused used to organize kitty parties and she had to pay money of so many persons and both of them were confident that his wife had much cash and huge ornaments and to get this cash and the ornaments, they killed his wife. He stated that on 2.1.1999, when he was conducting search of his house, both of them absconded. In pursuance of the said statement, the accused Joginder Singh and Banso were arrested on 12.1.1999. On the basis of the disclosure statement (Ex PH/1) made by Joginder Singh, two bangles of gold, one pair of ear rings, one other ear ring and two pairs of Jhanjaran and one wrist watch kept concealed in front of the house of Meet Singh his brother in a heap in the Haveli of Sucha Singh were recovered. He also disclosed that a bi -cycle and a shirt of his own were lying concealed in a heap of "Kup" of Turi. On the basis of that statement made by Joginder Singh one Hero cycle (Ex. PM) and his blood stained terri -cot shirt (cream color) were recovered (Ex.PN). Banso also made her separate disclosure statement (Ex. PF) wherein she pointed out about the concealment of certain gold ornaments. It may be noticed that memo of recovery (Ex. PG) is the joint recovery memo. The prosecution also examined the photographer Jaswinder Singh as PW -10, who proved the photographs of the recovery process as Ex. P1/A to Ex. P10/A and the negatives Ex. P/11A to Ex. P/20A. PW -7 -Gulwant Singh is a witness examined to prove the recovery process in pursuance of disclosure statements.