DALIP SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DALIP Singh and Bohar Singh accused -Appellants have directed the present appeal against the judgment and order dated 17.2.2000 passed by Shri Jaspal Singh, learned Additional Sessions Judge, Ferozepur, vide which accused/Appellants have been convicted under Section 364 read with Section 34 of the Indian Penal Code ( in short -the IPC ) and sentenced them to undergo rigorous imprisonment for a period of four years each and to pay fine of Rs. 1500/ -each and in default of payment of fine to further undergo rigorous imprisonment for six months each.

(2.) BRIEFLY stated, law was set in motion on the statement made by Gurnam Kaur -complainant on 12.5.1990 before SI Darshan Singh to the effect that she is resident of village Thatha Dalel Singh Wala and has two sons, namely, Daya Singh and Baljit Singh. Daya Singh is married and they used to reside in a house constructed in the fields. Yesterday evening, at about 7.30 p.m. they all were present in their house and her elder son Daya Singh was serving fodder to the cattle. One car stopped on the way in front of their house and three persons alighted from the car and came to their house, two of them were wearing kurta -payjamas and one was wearing shirt and chadar and all the three were having turbans on their heads. They were young and the persons who was wearing shirt -chadar, was armed with a gun. They all took her son Daya Singh near the car. They forced Daya Singh to sit in the car, but Daya Singh refused to sit in the car, but they forcibly made Daya Singh to sit in the car and they took the car towards village Thatha Kishan Singh Wala. Due to fear, the complainant did not come out of the house and in the morning at about 9.30 a.m. she got recorded her statement. SI Darshan Singh made his endorsement on the statement of Gurnam Kaur and sent the same to police station, on the basis of which formal FIR was recorded. SI Darshan Singh investigated the case. He visited the place of occurrence and prepared rough site plan. He also recorded supplementary statement of Gurnam Kaur -complainant wherein she named the accused and their parentage and further stated that Joginder Singh son of Gurbachan Singh (since dead) was armed with .12 bore gun. She further stated in her supplementary statement that fourth person Dalip Singh remained sitting in the car.

(3.) AFTER completion of the investigation the challan was presented in the court of Illaqa Magistrate, who committed the case to the Court of Sessions. Accused Jagtar Singh and Ram Singh had died before presentation of the challan before the Illaqa Magistrate, as such both the present accused Dalip Singh and Bohar Singh faced the trial.