STATE OF PUNJAB Vs. JAGJIT SINGH

JUDGEMENT

(1.) THE culmination of the investigation, in F.I.R. No. 39 registered on 30.8.1996 in Police Station Khamano under Sections 460/458 read with Section 34 of the Indian Penal Code ended in a challan being put in against Jagjit Singh alias Jagga son of Amar Singh alongwith one Raju Bhaiya alias Gobind Sharma for the murders of Sahu, Rabi Singh and Jamila alias Guddo, who could not be apprehended and was declared a proclaimed offender. The trial of Jagjit Singh alias Jagga for the murders of Sahu, Rabi Singh and Jamila alias Guddo had, on 31.3.2003, culminated in his conviction for the offences under Sections 460, 458 and 302 read with Section 34 I.P.C. and was sentenced to various terms of imprisonment under Section 458 and 460 read with Section 34 I.P.C. and death under Section 302 read with Section 34 I.P.C. This has necessitated Murder Reference No. 2 of 2003 for confirmation of the death sentence and the filing of Criminal Appeal No. 369-DB of 2003 by Jagjit Singh alias Jagga to challenge the conviction and sentence recorded against him.

(2.) BRIEFLY stated, the facts of the prosecution case are that Amar Singh son of Ishar Singh, who was jointly cultivating the land with his brother Labh Singh, had installed a tubewell on the western side of the rice factory of Balbir Singh. For the past 7/8 years, Rabi Singh, another son of Ishar Singh; Sahu, a Gujjar; his wife Jeewani and daughter Jamila alias Guddo had been living at the motor. Sahu and his family were keeping their cattle with them and had also employed a servant named Raju Bhaiya alias Gobind Sharma since the last 6/7 months for grazing their cattle. This servant also used to reside at the tubewell. He had taken 5/6 days' leave on the pretext that he has to collect money from a person at Ludhiana. A few days before 30.8.1996, Jeewani had gone to visit her daughter Hazaran at Jalandhar. While going to Jalandhar, Jeewani had requested Bashir, another son-in-law of hers, who used to reside at village Khamano to took after her daughter Guddo alias Jamila and because of this, Bashir with his wife and children had visited the house of Sahu on the evening of 29.8.1996. After spending some time, they had come back leaving Billo with Guddo at the house. Late in the night, Jagga alias Jagjit Singh appellant and Raju Bhaiya are stated to have come to the tubewell. Raju Bhaiya is stated to have brought a hammer and Jagga and caught hold of Sahu from his legs and thrown him on the ground from the cot. Thereafter, Raju Bhaiya had given two hammer blows on the chest of Sahu. Seeing this, Jamila had caught hold of Billo and taken her towards cattle shed. Jagga had then caught hold of Jamila from the back and Raju Bhaiya had given a hammer blow on her shoulder. The result was that Jamila had fallen on the ground. Billo is stated to have started weeping. Raju Bhaiya picked up one wooden peg and hit the same on her head after closing her mouth with his hand. Raju and Jagga took the chunni of Jamila and tied the same around the neck of Billo and after throttling, threw her underneath a Dek tree. Billo, who was aged 7 years old, is stated to have become unconscious.

(3.) AFTER the completion of the F.I.R., S.I. Manjit Singh had accompanied Amar Singh and other persons to the spot and prepared inquest reports Exhibits P8, P13 and P18 in relation to the dead bodies of Rabi Singh, Sahu and Jamila respectively. The Investigating Officer had also prepared rough site plan Ex. PW13/A and taken into possession blood stained earth from near the dead bodies through recovery memos Ex. PW9/A and Ex. PW9/B and a hammer Ex. PM/1 through memo Ex. PW9/C. Wrist watch was taken into possession through recovery memo Ex. PW9/D and patila containing Dal was taken into possession vide memo Ex. PW9/E and the dead bodies were forwarded to the hospital for post mortem examination, which was conducted by the doctors and the report in relation to Rabi Singh is Ex. P3, Sahu is Ex. P9 and Jamila is Ex. P14.