AMRIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the judgement of conviction and order of sentence of even date i.e. 13.1.2005, whereby the appellant was convicted for the offences, punishable under Sections 364/302/201 of the Indian Penal Code ('IPC' for short) and was sentenced to undergo imprisonment for life.

(2.) The facts of the case, when put into narrow compass, are that the criminal law was set into motion on the statement Ex.PC/3 dated 19.12.1999 made by Harinder Singh s/o Gurbax Singh, caste Jat Sikh, resident of H.No.4900, infront of Nav Bharat School, Gali No.3, Abadi Amarkot, Putlighar, Amritsar, to the effect that he was employed in the Electricity Board Department at Amritsar. He had a Tata Sumo vehicle bearing No.PB-02-T-0777, model 1998, which had been given to Taxi Union on hire. He had engaged Sukhdev Singh @ Sukha S/o Kundan Singh, resident of H.No.4738/24, Guru Nanak Wara, Putlighar, Amritsar, as driver. On 15.11.1999, he received a telephone that it was Baldev Singh, who was speaking on the other side. Baldev Singh disclosed that he had a talk with the driver (Sukhdev Singh) that he (Baldev Singh) was intending to go to Hazoor Sahib. He wanted to hire the vehicle and demanded the same near outside Water Works, Police Station BDivision, alongwith driver.

(3.) He sent the driver with the vehicle and followed the vehicle on the scooter. On reaching near water works, two persons met and one of them disclosed his name as Baldev Singh. He was a trimmed beard Hindu gentleman. They told that their house was located at Bazar Bhoriwala and the lane was narrow one, where the vehicle could not pass. The negotiation took place. After settling the rate for Hazoor Sahib for 10/12 days, he alongwith driver Sukhdev Singh went to their home. After about an hour, his driver came at his residence with luggage. When he asked the driver as to why he has returned, he told that wheel driver (panna) for fixing the nuts was left behind in the house and he came to collect the same. At that time, two abovesaid persons, two ladies and a female child of the age of 5/6 years had boarded the vehicle and left the place. They had not returned till the day of recording the statement nor any telephonic message was received from the side of the driver since 15.11.1999. He had personally made enquiries into the matter at his own level. He recognised the lady, whose name was Kashmir Kaur W/o Amrit Singh D/o Ajmer Singh and her daughter Paramjit Kaur. The real name was Amrit Singh and not Baldev Singh. It was wrongly disclosed as Baldev Singh. Kundan Singh, father of his driver was aware about the episode. Kundan Singh also knew Amrit Singh S/o Puran Singh. He was having suspicion that his driver has been murdered by the accused and they had grabbed his vehicle. He requested that action be taken.