BIKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence under Section 302, 201 of the Indian Penal Code ('IPC' for short) as ordered by the trial court vide judgment/order dated 8.10.2008/13.10.2008.

(2.) Prosecution case was set in motion on the basis of the statement of complainant Mithu Singh Sarpanch of village Pilchhian. Complainant stated in his statement before Sub Inspector Rajbir Singh on 24.7.2005 that Mahender Singh, resident of his village, had died 20 years ago. Mahender Singh owned 15 acres of land. Bikar Singh and Jagsir Singh sons of Mahender Singh were residing separately. All the heirs of deceased Mahender Sigh were to inherit, about three acres of land, each. Gurtej Kaur, widow of Mahender Singh, was a lady of immoral character. About 12 years ago, she had left her family and had started residing with some other person. She returned back to the village after seven years and then started staying with her family. Then she again left her family and returned back after three years and sold 7 Kanals of land out of her share to Dhan Singh. Thereafter, she again left the village and had returned about 20-25 days back. Gurtej Kaur wanted to sell her remaining land but the same was not acceptable to her elder son Bikar Singh. Gurtej Kaur was residing with her younger son Jagsir Singh. Bikar Singh along with his cousin brother Bhura Singh had committed the murder of Gurtej Kaur by strangulating her with an iron pipe and had thrown the dead body in the Bhakra canal. Bikar Singh had got recorded a false report in the police station regarding missing of Gurtej Kaur. On the basis of the statement of the complainant, formal FIR No. 302 dated 24.7.2005 was registered at Police Station Ratia under Section 302, 201, 34 IPC.

(3.) On 24.7.2005, at about 10.30 P.M., appellant Bikar Singh and his co-accused Bhura Singh were arrested by Sub Inspector Rajbir Singh. During interrogation, both the accused suffered disclosure statements qua commission of murder of Gurtej Kaur. Appellant also got recovered one iron pipe from the disclosed place on the basis of his disclosure statement. Both the accused further disclosed in their statements that they had thrown the dead body of Gurtej Kaur in the Bhakra canal.