BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Baldev Singh son of Amarjit Singh, aged 26 years, resident of village Nangli, Tehsil and District Amritsar has, in this appeal challenged judgment dated 4.5. 2000 of Additional sessions Judge Amritsar convicting him of offences under Sections 302/376/363/366/201 I.P.C. and sentencing him to substantive imprisonment of life under Section 302 I.P.C. and to pay fine of Rs. 2,000/-. He is further sentenced to R.I. for 10 years under Section 376 I.P.C. R.I. for 4 years under Section 363 I.P.C. R.I. for 5 years under Section 366 I.P.C. and R.I. for 5 years under Section 201 I.P.C. Sentences of imprisonment were to run concurrently.

(2.) The facts giving rise for the prosecution of the appellant before the trial court are that Narinder Kaur deceased aged 15-16 years d/o of Bawa Singh resident of village Nangli had gone to fetch fodder from the fields on 20.1.1997 at about 3/4 p.m. However, she did not return home and her father Bawya Singh-PW' informed Mangal Singh Sarpanch of the village. On 25.1.1997. Bir Singh-PW informed the complainant that on Monday at about 3 p.m. he had seen Baldev Singh-appellant carrying his daughter on his cycle while Harpal Singh (since acquitted) was going ahead on the cycle Bawa Singh-PW 4 then proceeded to lodge the report when lie met SI Harbans Singh on the way before whom he made statement Ex. PG with respect to abduction of his daughter Narinder Kaur by appellant-Baldev Singh and his co-accused Harpal Singh. A formal F.I.R. Ex. PG/2 was registered in the police station. On 2.1.1997 Baldev Singh-accused went to Mohan Singh-PW-7 and made extra judicial confession that he had taken Narinder Kaur from the fields where she had come for fetching folder to Amritsar and in the, evening he took her to Naushehra and in the Panchayat ghar at Naushehara he committed rape on her and then he killed her. He asked Mohan Singh-PW to produce him before the police PW 7-Mohan Singh then produced appellant- Baldev Singh before S.I. Balbir Singh near brick kiln where Mangal Singh Sarpanch also came and on interrogation the accused disclosed that he could get the dead body of Narinder Kaur recovered from the pond. His statement was recorded which was attested by the appellant a well as the witnesses. In the presence of the witnesses appellant got recovered the dead body of Narinder Kaur from the pond of village Naushehara S.I. Harbans Singh, in the mean while, had reached the brick kiln and joined the police party. After recovery of dead body, he prepared inquest report Ex. PQ of dead body of Narinder Kaur and also prepared injury statement Ex. PQ/1 and entrusted the dead body to Constables Gurmeet Singh and Bhupinder Singh, vide his application Ex. PE for taking the same to the hospital for post-mortem examination. The dead body of Narinder Kaur was wearing only a salwar which was taken into possession through memo. Ex. P.O. On 27.1.1997. SI Balbir Singh-PN further interrogated appellant-Baldev- Singh who made a statement Ex. PO/1 and got recovered clothes i.e. jersey Ex. P.2. dupatta-Ex. P-3 and shirt-Ex. P-4 lying concealed in the field in the area of village Naushehara. These clothes were taken into possession through memo. Ex. PO/2, Harpal Singh, another accused was also arrested in this case Post-mortem of dead body of Narinder Kaur was performed by Dr. Gurmaanjit Rai on 26.1.1997 who observed the following injuries :

(3.) Dr. Gurmannjit Rai proved post-mortem report Ex. PB and pictorial diagram Ex. PC showing receipt of injuries. On receipt of report of Chemical Examiner Ex. PF, he gave his report Ex. PD that there was nothing to suggest that sexual inter course had not been carried out in this case of Narinder Kaur d/o Bawa Singh. Report of Chemical Examiner Ex. PF confirmed the presence of semen on slides swabs and, public hair forwarded by the doctor after post-mortem examination. Vide his report Ex. PB. Chemical Examiner stated that the clothes i.e. jarsi, duppata and shirt were stained with blood.