TARLOK SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three persons, namely, Tarlok Singh son of Amar Singh, Anokh Singh son of Amar Singh and Harnam Singh @ Jasbir Singh son of Bhagwan Dass, were tried in a case registered vide FIR No.34 dated 4.3.2006 at Police Station City Ferozepur under Sections 302/201/34 of the Indian Penal Code, 1860 (for short 'IPC') and were convicted on 12.2.2009 for the offence under Section 302 and 201 of the IPC and sentenced vide order dated 17.2.2009 for life imprisonment and fine of Rs.20000/- each under Section 302 IPC and in case of non-payment of fine, to undergo rigorous imprisonment for a period of six months each. They were also sentenced for seven years imprisonment and fine of 5000/- each under Section 201 IPC and in case of non-payment of fine, to undergo rigorous imprisonment of three months each.

(2.) Tarlok Singh and Anokh Singh, who happens to be brothers, have filed criminal appeal No.232-DB of 2009, Harnam Singh has filed criminal appeal No.181-DB of 2009 and Ranjeet Singh (complainant) has filed criminal revision No.1665 of 2009 for enhancement of sentence. The appeals and the revision petition are being disposed of together as they arise from the common order of conviction and sentence passed by the learned Trial Court.

(3.) On the statement of Ranjeet Singh (PW7), FIR (EX.P9/B) was recorded in which he alleged that he is working as a granthi in a Gurudwara, his son Dildar Singh (deceased) aged 23/24 years was serving at Sadiq, on a petrol-pump of Reliance and was in love with Paramjit Kaur @ Pammi (deceased) daughter of Tarlok Singh, mistri (appellant No.1). When he came to know about the love affair of his son Dildar Singh and Paramjit Kaur @ Pammi, he asked his son to stop it and was even got married to someone else but Paramjit Kaur @ Pammi did not stop calling his son Dildar Singh on telephone. On 25.2.2006, his son went to his duty at the petrol-pump from his house but did not return home at night. On enquiry, in the morning, at the petrol-pump, he was told that after taking dinner Dildar Singh went to Ferozepur city at 11.00 at night. After reaching Ferozepur City, he enquired about Dildar Singh from the house of Tarlok Singh (appellant No.1), who could not give proper reply rather his family was found confused and asked that their daughter Paramjit Kaur @ Pammi is also untraceable from their house from the night of Shivratri and have also lodged a report in Police Station Ferozepur in this regard. PW7 recorded his suspicion that family members of Tarlok Singh have committed murder of his son and destroyed his dead body. However, he continued his search in which he found the dead body of Dildar Singh from Gang canal near village Azam Shah. He also suspected that Tarlok Singh might have also committed the murder of his daughter Paramjit Kaur @ Pammi and thrown her dead body in canal in order to destroy the evidence.