JASWANT SINGH & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal filed by Jaswant Singh son of Amrik Singh and Kala @ Beer Singh son of Piara Singh is to the judgment of conviction and order of sentence passed by the learned Sessions Judge, Amritsar on 30.05.2009, whereby both the appellants were convicted for an offence punishable under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- each. In default of payment of fine, the appellants were directed to undergo further rigorous imprisonment for a period of six months.

(2.) The prosecution case was set in motion on the statement of PW-4 Gurnam Singh son of Hazara Singh, brother of the deceased Baldev Singh @ Billu, made to PW-8 SI/SHO Naurang Singh, P.S.Ajnala on 19.03.2008 at about 11.00 AM. In his statement (Ex.PE), Gurnam Singh stated that his brother Baldev Singh @ Billu was married to Gurmit Kaur @ Pammi daughter of Kishan Singh about 15/16 years ago and had three children. Last year in the month of June, Jaswant Singh @ Sant resident of his village had committed rape with his sister-in-law Pammi and on her statement, a case of rape was registered against Jaswant Singh. Subsequently, his sister-in-law made a statement in the Court in favour of Jaswant Singh and thereafter started living with Jaswant Singh as his wife. However, the children of his brother were living with them. He stated that they requested Jaswant Singh and his brother Kala Singh to return the wife of his brother, as the children are in pitiable condition, but the demand was not acceded to as a result of which there became many grievances between his brother and Jaswant Singh etc. Yesterday i.e. 18.03.2008 at about 8.00 PM, when he alongwith his brother Baldev Singh and mother Sawinder Kaur were talking with each other in the house, Kala Singh came to their house and called Baldev Singh to come out on the pretext that they will return his wife, as she has also created trouble in their house. Baldev Singh followed Kala Singh. Kala Singh took his brother towards drain (Nala). He and his mother also followed them. On the bank of drain, Jaswant Singh and his sister-in-law Gurmit Kaur @ Pammi were already present. On the exhortation of Gurmit Kaur that today is the time to finish Baldev Singh, Sant Singh and Kala Singh gave pushes to Baldev Singh and threw him in the water of drain. All the three drowned his brother in the water blowing in the drain. He and his mother raised alarm, but all the three ran away from the spot. On hearing alarm, many people of the village came there. Thereafter, they took out his brother from the water, but noticed that he had died. Since there was no arrangement of the vehicle and it was night time as well as due to fear off the accused, they did not report the matter to the police. Next day during day time, when he alongwith Darbir Singh, Ex-Sarpanch was going to police station, his statement was got recorded. On the basis of such statement, ruqa (Ex.PE/1) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PE/2) was recorded at about 12.30 PM.

(3.) Thereafter, SI Naurang Singh alongwith other police officials, visited the spot and prepared rough site plan (Ex.PH). After completing the inquest proceedings, he sent the dead body of Baldev Singh for post mortem examination through HC Surjit Singh and HC Sukhdev Singh. The postmortem examination on the dead body of Baldev Singh was conducted by PW- 2 Dr. Sukhraj Singh at about 3.45 PM on the same day. He found an abrasion of 4 cms x 1 cm blackish in colour on the lateral aspect of left leg 5 cms below the left knee; bruise over left thigh in its middle 1/3rd and that froth was coming out of right nostril and lungs were found to be congested filled with water. He deposed that stomach was full with partially digested food particles and liquid material. In his opinion, the cause of death was ante-mortem drowning, which was sufficient to cause death in ordinary course of nature.