BASANT SINGH & ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence dated 25.10.2001 passed by the learned Additional Sessions Judge, Bathinda, whereby appellant No.1, Basant Singh, was held guilty under Section 377, IPC, and appellant No.2, Laljit Singh, for the offence punishable under Section 377 read with Section 109, IPC, and ordered to undergo the following sentences:- <FRM>JUDGEMENT_699_LAWS(P&H)9_2013_1.html</FRM>

(2.) The appellants were acquitted of the offences punishable under Sections 306 and 506, IPC. The brief facts of the case are that on 25.08.2000, complainant, Malkiat Kaur (PW2), reported the matter to ASI Kuldip Singh (PW6) alleging that she was resident of village Chughe Kalan and had got three sons and one daughter. Her son, Jasbir Singh, aged about 15 years, was working with Jagsir Singh (PW8) whose house was situated on the outskirts of the village whereas her house was situated in the middle of the village. Jasbir Singh (since deceased) used to come back at his house at about 9.00 p.m after finishing his work. On 21.08.2000, as usual he came back to his house and thereafter Laljit Singh (appellant No.2) whose house was on the back side of the house of the complainant, came to her house and took away Jasbir Singh (since deceased) with him on the pretext that his wife had gone to her parental house and that Jasbir Singh (since deceased) should sleep with him. As such, Jasbir Singh accompanied Laljit Singh. Malkiat Kaur (PW2) along with her husband Gurmail Singh (PW3) slept on the roof of their house. At about 1.00 a.m during the intervening night of 21st and 22nd August, 2000, Malkiat Kaur (PW2) and Gurmail Singh (PW3) heard the cries of their son Jasbir Singh (since deceased) from the house of Laljit Singh and they rushed to his house. Laljit Singh was found sitting on a cot near the door of the room. There was light of an electric bulb inside the room and Malkiat Kaur (PW2) and Gurmail Singh (PW3) saw from the gap in the door that Basant Singh (appellant No.1) was committing sodomy with their son, Jasbir Singh, on the bed lying in the room. They knocked at the door and raised alarm and thereafter, Basant Singh (appellant No.1) after putting on his clothes opened the door, pushed them aside and ran away from there. Malkiat Kaur (PW2) and Gurmail Singh (PW3) brought their son to their house who told his parents that he went with Laljit Singh (appellant No.2) and he provided bed for sleeping. At about 12.30 p.m.(midnight), he was made to get up by the appellants and they told him that they wanted to commit unnatural act with him and extended threat not to raise cry or disclose the said fact to anyone otherwise he would be dealt with badly. Thereafter, Laljit Singh (appellant No.2) sat outside the room and Basant Singh (appellant No.1) committed sodomy against his wishes and despite his resistance.

(3.) After the incident, Jasbir Singh felt humiliated. In the morning of 25.08.2000, Jasbir Singh had gone to the house of Jagsir Singh (PW8) for performing his duties. At about 11.50 a.m on the same day Jagsir Singh (PW8) approached Malkiat Kaur (PW2) and Gurmail Singh (PW3) and told them that Jasbir Singh had arrived at his house at about 9.30 a.m and he (Jasbir Singh) had told him (Jagsir Singh) that both the appellants had done injustice with him and he was very much perturbed. Jagsir Singh (PW8) told Jasbir Singh (since deceased) that they would inform the panchayat and action would be taken against the culprits and thereafter, Jasbir Singh went to fetch the fodder for the cattle by carrying "datri" (sickle) and "Parna" (a cloth for tying the fodder) with him. At about 11.00 a.m, when Jagsir Singh went to his fields for assisting Jasbir Singh (since deceased) then he saw at the tubewell situated outside his house that Jasbir Singh was hanging with Parna tied with shaft of the well and had died. After receiving such information, Malkiat Kaur (PW2) and Gurmail Singh (PW3) accompanied Jagsir Singh (PW8) went to the spot and found that dead body of Jasbir Singh was hanging in the well with Parna. ASI Kuldip Singh (PW6) recorded the statement (Ex.PE) of Malkiat Kaur, put his endorsement Ex.PE/1 and sent the memo to the police station on the basis of which formal FIR (Ex.PE/2) was recorded. ASI Kuldip Singh (PW6) prepared the inquest report (Ex.PK). Photographer Jaskaran Singh (PW4) clicked the photographs of the dead body. Dead body was sent to the Civil Hospital, Bathinda, for autopsy which was conducted by Dr.H.L.Garg (PW5) vide PMR (Ex.PF). After their arrest, the appellants were medico legally examined. After completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented in the Court. The documents as required under Section 207, Cr.P.C., were supplied to both the appellants free of costs and the case was committed to the Court of Session vide order dated 21.11.2000 since the offence punishable under Section 306, IPC, was exclusively triable by the latter court.