SEWAK SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 6.1.2006 and order of sentence dated 7.1.2006 passed by the learned Additional Sessions Judge, Moga, thereby convicting the appellants for the offence punishable under Section 302 read with Section 34 IPC and awarding them the sentence to undergo imprisonment for life. Facts first. The criminal law was set into motion by Mukhtiaro wife of late Ginder Singh, caste Majhbi Sikh, resident of Jalalabad East, by getting her statement recorded as Exh. PE, on the basis of which, FIR No.204 dated 6.10.2003 was registered under Sections 302/34 IPC at Police Station Dharamkot. PW-3 Mukhtiar Kaur @ Mukhtiaro stated that she had three sons, eldest one was Sewak Singh-appellant No.1, younger to him was Gurpreet Singh, who was lacking sense of discretion and the youngest one was Amarjit Singh-since deceased. Sewak Singh was working as a driver on truck no. PB-08C-1725. He was keeping her Bharjaee (sister-in-law) Paramjit Kaur @ Pammi for 5-6 years. Complainant Mukhtiaro as well as her son Amarjit Singhdeceased were dissuading Sewak Singh from doing so. Her husband had died about 1-1/2 years ago before the date of occurrence. Sewak Singh had taken away his articles and started living at Dharamkot. Sewak Singh was intending to occupy the house in which the complainant, Amarjit Singh (since deceased) and Gurpreet Singh were residing. About 2/3 days before the date of occurrence, Sewak Singh and Paramjit Kaur @ Pammi, who was residing with Sewak Singh, came to the house of complainant and asked that they want to live in that house. They said that it was their house and she had nothing in that house. Paramjit Kaur started saying that they will live in that house and they would kill Amarjit Singh by running him over by the truck. After saying such words, they went away. The complainant took it as normal talk and did not talk to any one. At night at about 10.30 p.m., when the complainant and her daughter Sarabjit Kaur were casually talking in their courtyard, her son Amarjit Singh was lying on an iron pipe cot, in front of their house on the side of the road, running between Kot Ise Khan and Jalalabad, her son Sewak Singh had run his truck no. PB-08C-1725, over cot on which Amarjit Singh was lying. When her son Amarjit Singh raised hue and cry that "Marta-Marta", the complainant and Charan Singh son of Sarwan Singh came running to him. At that time, front wheels of truck were ahead of the cot and rear wheels were behind the cot. Iron cot was partly broken and it was lying on her son Amarjit Singh. He was loudly raising hue and cry. Truck was being driven by Sewak Singh. Paramjit Kaur was sitting in the truck by his side. She addressed the complainant that her son has been killed and now they would live in the house. Charan Singh hurriedly took Amarjit Singh lying in cot, away from underneath the truck alongwith the cot. Then Sewak Singh and Paramjit Kaur @ Pammi had driven away the truck. Charan Singh made arrangement of a canter and took Amarjit Singh in the injured condition, to the hospital at Dharamkot. However, Amarjit Singh died on the way. She told about the occurrence to Gurmail Singh son of Harbans Singh resident of Jalalabad, who advised her to intimate the police. Then she ranged in the police station. She stated that her son Amarjit Singh, who was lying on the cot, has been murdered by her son Sewak Singh and Paramjit Kaur @ Pammi on account of dispute concerning the house, by running him over by the truck. They both committed the crime in consultation with each other.

(2.) The above-said statement of the complainant Mukhtiar Kaur PW-3, was recorded by PW-5 SI Kirpal Singh, SHO, Police Station, Dharamkot. Statement was read over to her. She put her right thumb impression on her statement admitting it to be correct. From the statement of the complainant, the offence under Section 302/34 IPC was found to be made out. The statement was sent to Police Station through the constable Buta Singh 674 for registration of the case. It was directed that after registration of the case, number of the case be intimated. Special report be sent to higher officers. Information be given to control room and also to the higher authorities through wireless message. Kirpal Singh SI/SHO Police Station, Dharamkot alongwith co-officials ASI Amrik Singh, HC Kulwinder Singh No.29, HC Sukhjit Singh No.190, CII Gurbax Singh No. 380, C.Buta Singh No. 674, C.Kuldip Singh No.762 and with the complainant, proceeded to the place of occurrence for investigation in government vehicle i.e. Gypsy No.PB-08-2272. Investigation was carried by PW-5 SI Kirpal Singh, SHO Police Station, Dharamkot. He inspected the place of occurrence where dead body of Amarjit Singh was found lying on a cot. He prepared inquest report of the dead body vide Ex.PB. Dead body of Amarjit Singh was sent for post-mortem. Accused were arrested. Statements were recorded. On completion of the investigation, report under Section 173 Cr.P.C. was presented before the court of competent jurisdiction. Relevant documents were supplied to the accused by the learned Illaqa Magistrate. As the offence was found to be exclusively triable by the court of session, the case was committed to the learned court of session. Having found a prima-facie case against the accused, charge was framed against them vide order dated 5.12.2003. Both the accused pleaded not guilty and claimed trial.

(3.) In order to prove its case, prosecution examined as many as eleven witnesses, besides tendering the relevant documents in evidence. On completion of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating material brought on record was put to the accused. They alleged false implication and claimed complete innocence.