CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 18th May, 2007 while S.I/SHO Gamdoor Singh of Police Station Kot Ise Khan, happened to be present along with police force at main Chowk of Kot Ise Khan, Rajpal Kaur (then complainant now accused) made a statement Ex.P.26 wherein, she has stated that she is resident of village Thatha and her husband is a labourer. About 20 days ago, she had come to her native village Kalie wala and yesterday her maternal uncle Jasvir Singh @ Nihala (now deceased) came to her and offered to leave her at her matrimonial home and thereafter, complainant and the deceased left for village Manawa. When they reached at Chowk Kot Ise Khan by bus, accused-appellant Charanjit Singh @ Babbi, who happens to be a friend of the deceased met them and insisted them to spend a night at his house and being 8.30 p.m. they agreed to do so. It is alleged that both the friends had liquor and after dinner all of them went to sleep and around 2.30/3.00 a.m. accused caught hold of the complainant with the intention to satisfy his lust at which the complainant opposed and woke up the deceased. It is further alleged that this led to a quarrel between accused and deceased at which the accused broke a bottle of liquor and struck it on the right shoulder of the deceased and in the scuffle Jasvir Singh fell down. In the meanwhile, Pargat Singh brother of the deceased arrived, at which the accused ran away from the spot. The statement after being read out was thumb marked by the complainant, upon which endorsement Ex.P26/A was made by the Investigating Officer leading to the registration of present FIR Ex.P27.

(2.) The Investigating Officer along with complainant and others went to the place of occurrence and examined the dead body and prepared inquest report Ex.P1 and from the place of occurrence lifted two separate samples of blood stained earth and simple earth and after preparing them into parcels took the same into police possession through memo Ex.P10. Blood which was scattered in the room was lifted and prepared into parcel and taken into police possession through memo Ex.P11. Broken pieces of glass of the bottle were taken into police possession through memo Ex.P12. The dead body along with police papers and application for post mortem examination Ex.P6 was handed over to HC Malkiat Singh and meanwhile the Investigating Officer prepared rough site plan of place of occurrence Ex.P29. After post mortem examination Dr. Jagroop Singh gave his report Ex.P2 and pictorial diagram showing seat of injuries Ex.P3. Belongings of the dead body were taken into police possession through memo Ex.P28 and which articles were proved as pants Ex.MO1, Vest Ex.MO2, Karah Ex.MO3, blood stained broken glasses Ex.MO4, plastic bag containing blood Ex.MO5, parcels containing simple earth Ex.MO6, parcels containing blood stained earth Ex.MO7. Viscera of the dead body was sent to Forensic Science Laboratory and on receipt of reports Ex.P30 and Ex.P31 and that of Chemical Examiner Ex.P4 request by way of Ex.P6 through endorsement Ex.P7 was made as to the cause of death and through Ex.P5 the doctor opined the death of the deceased due to aluminium phosphide poisoning. The scaled site plan of place of occurrence Ex.P9 was got prepared. Meanwhile, the heirs of the deceased moved applications Ex.P13, Ex.P14, Ex.P15 and Ex.P16 as to the role of both the accused through registered letters with receipts Ex.P17 and Ex.P18 regarding which response Ex.P19 was received. The accused-appellant was formally arrested and served with memo Ex.P20 on 19.5.2007. The accused while in police custody was interrogated, who suffered disclosure statement Ex.P21 that he had kept concealed his own one shirt and one trouser smeared with blood which he had kept concealed at the cremation ground of Talwandi Nau Bahar at Kot Ise Khan of which only he knew and can get the same recovered. The same was got recovered through memo Ex.P22 regarding which recovery rough site plan Ex.P24 was prepared. Upon completion of investigations, challan was presented against accused Charanjit Singh who was charged under Sections 302,354 IPC to which he pleaded not guilty and claimed trial.

(3.) It was during the course of trial, an application under Section 319 Cr.P.C. was moved for summoning of Rajpal Kaur as an accused and vide order dated 25th July, 2008 Rajpal Kaur was also summoned as an additional accused. After she put in appearance, charges against her were separately framed under Section 302 IPC on 14.8.2008.