TARSEM SINGH @ GANDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARSEM Singh @ Gandu is in appeal before us against the judgment of his conviction dated 17.5.2004 passed by learned Additional Sessions Judge (Ad hoc), Amritsar in a case registered by way of F.I.R. No.16 dated 2.2.2002 at Police Station, Beas for an offence punishable under sections 302, 376, 201 of the I.P.C. vide which he has been held guilty for the said offence and the order of sentence of the same date vide which he has been sentenced as under:

(2.) On the next day, Ranjit Kaur and her family members continued the search for Sukhpreet kaur. When Ranjit Kaur, her father -in -law Gura Singh and some other persons were heading towards the fields of Naranjan Singh, they spotted Tarsem Singh, appellant who was running away from the wheat field of Naranjan Singh. Ranjit Kaur and others went to the place wherefrom they saw Tarsem Singh, appellant running and saw the dead body of Sukhpreet Kaur lying near the boundary of the field. They suspected Tarsem Singh, appellant to have murdered Sukhpreet Kaur. Leaving Tarsem Singh, another person by the name of the appellant, who happens to be the brother -in -law of the complainant and others, Ranjit Kaur and Gura Singh started for Police Station, Beas to lodge a report. They came across Jarnail Singh, S.I. at Bus Stand, Khalchian. The statement of Ranjit Kaur was recorded by Jarnail Singh, S.I. there, which was signed by her. Jarnail Singh, S.I. made his endorsement thereon and had sent the same to the police station on which formal F.I.R. was recorded. Jarnail Singh, S.I. then proceeded with the investigation. Accompanied by Ranjit Kaur and Gura Singh, he went to the place of occurrence and conducted inquest proceedings on the dead body. The dead body was sent to Civil Hospital, Amritsar for post mortem examination through Joginder Singh, constable and others. He prepared a rough site plan of the place of occurrence.

(3.) THE investigation was thereafter transferred to Kashmir Singh, Inspector by the Senior Superintendent of Police, Amrtisar. Kashmir Singh, Inspector then went to village Madhepur where he recorded statements of witnesses. He inspected the place of occurrence and took into possession one trouser of a female child from the spot which was identified by Ranjit Kaur to be of Sukhpreet Kaur. The same was given the shape of a parcel and was sealed with the seal 'KS' and was taken into possession by way of a recovery memo. Dr.Guriqbal Singh along with Dr. Rajiv Joshi conducted post mortem examination on the dead body of Sukhpreet Kaur @ Anju daughter of Ranjit Kaur. They noticed various injuries on her person including her private parts. According to them, the death in this case was due to asphyxia due to smothering which was sufficient to cause death in the ordinary course of nature. The doctors took vaginal swabs and sealed them and gave the same to the police along with the clothes of the deceased which were taken into possession by Kashmir Singh, Inspector by way of a recovery memo. On 4.2.2002, in the area of village Madhepur, Gurdeep Kaur, member panchayat produced Tarsem Singh, appellant before Kashmir Singh, Inspector. He was accordingly arrested. On completion of other formalities of investigation, challan against the appellant was prepared and presented Charge was framed against the appellant for an offence punishable under sections 376, 302, 201 of the I.P.C. vide order dated 16.8.2002 by learned Sessions Judge, Amritsar to which he pleaded not guilty and claimed trial.