STATE OF PUNJAB Vs. RESHAM SINGH AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of Murder Reference No. 8 of 2011, Criminal Appeal No. D -1119 -DB of 2011 and Criminal Appeal No. D -1172 of 2011 as they arise out of the same judgment of conviction dated 21.10.2011 and order of sentence dated 28.10.2011 passed by the learned Sessions Judge, Faridkot. Murder reference has been made by the learned Sessions Judge, Faridkot in terms of Section 366 of the Code of Criminal Procedure Code ('Cr.P.C.' -for short) whereby respondents No. 1 to 4 in the murder reference who are the appellants in the two appeals have been sentenced to death. Criminal appeals have been filed by the convicts/appellants seeking setting aside of the judgment of their conviction dated 21.10.2011 and the order of their sentence dated 28.10.2011 passed by the learned Sessions Judge, Faridkot and for their acquittal in the case.

(2.) FIR (Ex. PC/2) has been registered on the statement (Ex. PC) of the complainant Kuldeep Singh (PW -2). It is stated by the complainant (Kuldeep Singh PW -2) that he is a resident of village Pakhi Kalan and has passed his plus -2 examination and now he does cultivation. His elder brother Gurpreet Singh alias Gopi (deceased in the case) had performed a love marriage with Manpreet Kaur (DW -1) daughter of Labh Singh (alias Gurlabh Singh) of village Bhagthala Kalan about ten months earlier to the incident that had occurred on 20.09.2009. Gurpreet Singh alias Gopi (deceased) was residing with his wife (Manpreet Kaur -DW -1) on rent at House No. 131, Street No. 2, Guru Nanak Colony, Faridkot. Kuldeep Singh complainant (PW -2) to see the fair of Baba Farid (Mela Baba Farid) along with his maternal uncle's son namely Gurmit Singh (PW -3) son of Surjit Singh resident of Khawaja Kharak, Distt. Ferozepur had come to Faridkot on 20.09.2009. After seeking the fair, they were returning to village Pakhi Kalan. At Sadiq 'Chowk' (crossing), Faridkot, Gurpreet Singh alias Gopi (deceased), who was the brother of the complainant Kuldeep Singh (PW -2), met them. He stopped them and said that they should go after having a meal with him. Then Gurpreet Singh alias Gopi started going ahead of them on his motorcycle while Kuldeep Singh, complainant (PW -2) and his maternal uncle's son (Gurmit Singh PW -3) followed him on their motorcycle. When they reached near the turning of Street No. 2 in Guru Nanak Colony, Faridkot, Gurpreet Singh alias Gopi was about 10 'karams' (about 18 -20 yards) ahead of them. It would be about 7.15 pm (on 20.09.2009) at that time. Gurpreet Singh alias Gopi took a turn in the street and from the opposite direction, a white colour 'Zen' car came in the street. The driver of the said car stopped the car in front of the motor cycle of the brother (Gurpreet Singh) of the complainant Kuldeep Singh (PW -3).

(3.) SI /SHO Gurjant Singh (PW -11) along with other police officials and the complainant Kuldeep Singh went to the place of occurrence at Gali No. 2, Guru Nanak Colony, Opposite Medical College, Faridkot. He prepared inquest report (Ex. PD) of the dead body which was identified to be that of Gurpreet Singh alias Gopi. From near the dead body, he lifted separate samples of plain earth (Ex. P3) and blood stained earth (Ex. P4), which were prepared into parcels and sealed with his seal bearing impression 'GS'. The same were taken in possession through separate memos Ex. PE/1 and Ex. PE. From near the dead body, SI/SHO Gurjant Singh lifted five empties of cartridges (Ex. P5/A to P5/E) of 7.65 weapon and prepared a parcel which was sealed with his seal bearing impression 'GS' and was taken in possession by the police through memo (Ex. PE/2). From the place of occurrence a 'Kawasaki' motor cycle (Ex. P29) bearing registration No. PB -02 -AH -7930, a pair of 'Hawai' chappals (Ex. P30), one key (spanner) (Ex. P31) were recovered which were taken in police possession through memo (Ex. PE/3). SI/SHO Gurjant Singh got the place of incident photographed through HC Ashok Kumar Photographer (PW -7) of the Police Department. He clicked photographs Ex. P9 to Ex. P27 with a digital camera. These were taken in police possession through memo (Ex. PN). He prepared rough site plan (Ex. PO) of the place of occurrence with correct marginal notes. He sent the dead body along with a request (Ex. PB) through HC Balwant Singh (PW -12) and HC Sukhmander Singh for getting post mortem examination conducted. Due to odd hours the post mortem examination could not be conducted on the same day. At the spot SI/SHO Gurjant Singh (PW -11) recorded the statement of Gurmit Singh (PW -3) and others wherein the accused were named by them. On return to the police station he deposited the recovered articles with MHC. On the next day (i.e. 21.09.2009) SI/SHO Gurjant Singh (PW -11) again went to the place of occurrence and after necessary formalities returned back. They conducted raids to apprehend the accused. On 21.09.2009, HC Balwant Singh (PW -12) met him and handed over the belongings of the dead body in a parcel and the same were taken in possession through memo. On 01.10.2009 HC Lakhwinder Singh handed over to SI/SHO Gurjant Singh the mobile call details of mobile number 98143 -03937 belonging to accused Gurmukh Singh alias Guru which was taken in police possession. On 02.10.2009 an official from Police Station Loppo had come to Police Station Sadar, Faridkot to inform that a 'Zen' car bearing registration No. PB -32 -C -8231 was in the possession of the police regarding which Gurjant Singh SI/SHO did not take any action. On 04.10.2009, Gurmukh Singh and Resham Singh (appellants) were arrested and formal memos Ex. PP/1 to Ex. PP/8 were served upon them. On 05.10.2009, Gurmukh Singh and Resham Singh (appellants) were produced in Court and their police remand was sought. On 5.10.2009 Gurnaib Singh and Kulvir (sic. -Kulbir) Sharma (appellants) were also arrested in the case and formal memos Ex. PP/9 to Ex. PP/18 of arrest were served on them. On 06.10.2009 the accused (appellants) made disclosure statements Ex. PQ/1 to Ex. PQ/4 before SI/SHO Gurjant Singh (PW -11) and recoveries were got effected. A 'kirch' (Ex. P32) was got recovered at the behest of Resham Singh (appellant) of which a rough sketch (Ex. PR) was prepared. The 'Kirch' (Ex. P32) was put in a parcel and duly sealed with seal bearing impression 'GS' and was taken in police possession through memo (Ex. PR/1). Rough site plan (Ex. PR/2) of the recovery of 'kirch' (Ex. P32) was prepared. Thereafter, the accused Gurmukh Singh (appellant) led the police party to the disclosed place and from an almirah of his house in village Bhagthala got recovered a revolver (Ex. P34) of 7.65 bore along with a 12 bore double barrel gun (Ex. P33). The same were taken in possession by the police through memos (Ex. PS and Ex. PS/1). Gurmukh Singh accused (appellant) also got recovered a 'Maruti' car bearing registration No. PB -32 -C -8231 which was taken in possession through memo (PS/2). This recovery had been depicted in the site plan (Ex. PR/2). Kulvir (sic. -Kulbir) Sharma accused thereafter led the police party to his house and from the box of the bed produced one hockey stick (Ex. P6) along with a gents purse containing photograph of the deceased as well as a 'Vodafone' mobile phone which were taken in police possession through memo (Ex. PH). Rough site plan (Ex. PS/4) of this recovery was prepared. The statements of the witnesses were recorded and on return to the police station SI/SHO Gurjant Singh deposit the case property with the MHC. On 7.10.2009 Gurnaib Singh accused (appellant) was taken out from the lock up and as per his disclosure statement, he led the police party to village Rohrian Wali and got recovered a7.65 pistol (Ex. P35), which was converted into a sealed parcel and duly sealed with seal bearing impression 'GS'. It was taken in police possession through memo (Ex. PT) along with his license. Rough site plan (Ex. PT/1) of this recovery was prepared. The statements of witnesses were recorded and on return to the police station the articles were deposited with MHC. On 01.11.2009 Gurnam Singh father of the accused Gurmukh Singh produced before SI/SHO Gurjant Singh, the registration certificate (Ex. PI) of the 'Zen' car which was taken in police possession through memo (Ex. PS/3). On 02.11.2009 Balour Singh Draftsman (PW -6) produced before SI/SHO Gurjant Singh the scaled site plan (Ex. PK) of the place of occurrence. Sushil Bansal informed SI/SHO Gurjant Singh that the mobile phone recovered from Gurmukh Singh was in the name of one Kinder Singh. All the memos were attested by the witnesses and on completion of the investigation the police report (challan) was filed against the accused in the Court of learned Chief Judicial Magistrate, Faridkot on 24.12.2009. The learned Chief Judicial Magistrate after examining the report and materials on record was of the opinion that prima facie offences under Sections 302, 148 and 149 IPC; besides, Section 27 of the Arms Act were made out against the accused. The offence under Section 302 IPC was exclusively triable by the Court of Sessions. As such vide order dated 22.01.2010, the learned Chief Judicial Magistrate, Faridkot committed the case to the Court of learned Sessions Judge, Faridkot. The accused were in custody and were directed to be produced by the jail authorities in the Court of learned Sessions Judge, Faridkot on 05.02.2010.