KULBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of above mentioned three appeals i.e. Criminal Appeal No.D-1218-DB of 2010 filed by Kulbir Singh; Criminal Appeal No.D-500-DB of 2011 filed by Gurdev Singh and Criminal Appeal No.D-198-DB of 2011 filed by complainant-appellant Pargat Singh as these arise out of the same judgment of conviction and order of sentence dated 14.6.2010/15.6.2010 passed by Additional Sessions Judge, Tarn Taran.

(2.) These three appeals have been filed against the judgment of conviction and order of sentence dated 14.6.2010/15.6.2010 passed by Additional Sessions Judge, Tarn Taran, whereby both the accusedappellants, namely, Kulbir Singh and Gurdev Singh have been held guilty for the offences under Sections 302 and 201 of the Indian Penal Code (hereinafter referred to as 'IPC'). Appellant Kulbir Singh has also been convicted for the offence under Section 364 IPC. They have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two years each for the offence under Section 302 IPC. They have also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 201 IPC. Appellant-Kulbir Singh has also been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 364 IPC. All the sentences have, however, been ordered to run concurrently.

(3.) The FIR in the present case has been registered on the statement of complainant-Pargat Singh (appellant in Criminal Appeal No.D- 198-DB of 2010), which he got recorded to SI Davinder Singh, SHO, Police Station, Valtoha on 21.5.2006 at 2.50 p.m. In the statement Ex.PA, complainant-Pargat Singh stated that he is an agriculturist by profession and has two children. His elder daughter Sarabjit Kaur aged 22 years was married with Kulbir Singh about 21/2 years back. Younger to her is son, namely, Gurbhej Singh, aged about 17-18 years, who was also helping him in fields. On 9.5.2006 at about 3.00 p.m., his son-in-law Kulbir Singh came to his house on his motorcycle and asked Gurbhej Singh to accompany him to Khem Karan. His son accompanied him on his motorcycle to Khem Karan. Both of them did not return up-till night and they started to search them. Next day on 10.5.2006 at about 7.00 p.m., his sister-in-law Bachan Kaur made him a telephonic call that Kulbir Singh was with her. On complainant's asking about the whereabouts of Gurbhej Singh, she replied of having no information about him. On next day, by taking some respectable, they reached at Village Abadian and asked about Gurbhej Singh from Kulbir Singh, who concocted a story that they had been kidnapped by some unidentified persons on 9.5.2006 from Khem Karan to Lakhna by administering some poisonous substance through handkerchief to them. On getting consciousness, Kulbir Singh fled away from their clutches, but he did not know whereabouts of Gurbhej Singh and his motorcycle was also with the kidnappers and by putting such a false story, his son-in-law misled them and stopped them to give any information to the Police. During this period, his son-in-law obtained his signatures on some blank papers and reported the matter to the Police Station, Khem Karan. Now, he had come to know that his son-in-law Kulbir Singh and Gurdev Singh, resident of Duhal Kohna, in connivance with each other, in order to usurp his 20 acres of land, murdered his only son and destroyed the dead body some where. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.