MALKIAT SINGH @ GHITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 07.11.2002 passed by the learned Addl. Sessions Judge, Ferozepur, whereby the appellant was convicted for the offences under Sec. 302, 364 and 201 read with Sec. 34 Indian Penal Code. The appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 2000.00 for the offence punishable under Sec. 302 Indian Penal Code. In default of payment, the appellant was directed to further undergo rigorous imprisonment for a period of three months. The appellant was also sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1000.00 for the offence punishable under Sec. 364 Indian Penal Code. In default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for a period of two months. The appellant was also sentenced to undergo rigorous imprisonment for a period Crl. Appeal No.359-DB of 2003 of 04 years and to pay a fine of Rs. 500.00 for the offence punishable under Sec. 201 read with 34 Indian Penal Code. In default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for a period of one month.

(2.) The prosecution case was set in motion on the basis of statement (Ex.P8) of Kasan son of Boota, resident of Chuck Tahliwala @ Molviwala made to ASI Naranjan Singh, P.S. Mamdot on 10.09.2000. He has stated that his son Jassa, aged about 25 years, who used to work on the brick kiln for making bricks, had developed relations with Veero daughter of Joginder Singh resident of Sultanpur Lodhi. For the last one year, his son Jassa Singh and Veero had gone to some unknown place and came back to the house 7-8 days earlier. They remained in the house for the night. Next day at about 10-11 AM, Malkiat Singh @ Ghita son of Charan Singh, resident of Tour, who is said to be the friend of his son and well-known to him as he was on visiting terms, accompanied by two other persons came to their house. His son Jassa and Veero went with them. When they did not come back, he enquired their whereabouts from the brick kiln of Jhok Nodh Singh. Since his son could not be traced, a DDR in this regard was lodged at about 7.30 PM on 10.09.2000. It was on 11.09.2000, during investigation Veero allegedly suffered a disclosure statement (Ex.P1) on the basis of which the dead body of Jassa was recovered from a deserted well located in the area of Village Karri Khurd. On the same day, the disclosure statement of the appellant Malkiat Singh was also recorded on the basis of which, the well was said to be demarcated and weapon of offence i.e. Kahi (Spade) was recovered. The blood stained soil from the place of occurrence was also removed by ASI Niranjan Singh.

(3.) After completion of investigation including conduct of postmortem examination, two accused namely Malkiat Singh @ Ghita and Veero were made to stand trial inter-alia on the basis of the disclosure statements under Sec. 27 of the Evidence Act, for an offence punishable under Sections 364/302/201 read with Sec. 34 Indian Penal Code. Whereas, Veero, who was stated to be juvenile was tried by Juvenile Justice Board for an offence punishable under Sections 364/302/201 read with Sec. 34 Indian Penal Code, and was acquitted of the charges framed against her on 02.09.2005. However, two other accused namely Tega Singh and Baj Singh, who also participated in the commission of crime, could not be arrested and were declared as proclaimed offender.