PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 14.11.2008, passed by the Addl. Sessions Judge, Jalandhar, vide which appellant Pal Singh has been held guilty for the commission of offence punishable under Sections 302 and 201 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs.2,500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 201 IPC. Both the sentences were ordered to run concurrently. However, Amandeep Singh alias Aman has been acquitted.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Rana Singh, complainant, who got recorded his statement to Sub Inspector Kuldeep Singh, SHO, Mehatpur, Jalandhar on 23.01.2007 and the same was completed at 5:30 p.m. In his statement, complainant Rana Singh stated that he does the work of selling cosmetic products. His wife Kulwant Kaur alias Kanto also used to sell cosmetic products in the village. On 20.01.2007 at about 9:00 a.m., his wife Kulwant Kaur alias Kanto alongwith Rani wife of Manga went to sell the cosmetic products. They used to go towards Mehatpur to sell the said products. His wife did not come back after selling the products. In the evening, the complainant inquired from Rani about his wife, who told him that she had gone to another village to sell the products. Rani also told the complainant that at about 7:00 p.m., Kulwant Kaur was coming towards Nakodar by sitting on a tractor trolley, which was filled with sand. The tractor was of Mahindra make which was being driven by Pal Singh. Amandeep Singh and Ladi, both resident of Anga Kheri, Mehatpur, who were doing the work under the name of "Reality Sand", were sitting on the said tractor and were coming to Nakodar. Rani told the complainant that Kulwant Kaur had not returned with her. The complainant further stated that then he inquired about Pal Singh, Amandeep Singh and Ladi, contractor and doctor but they were not found at home. The complainant is sure that Pal Singh, Amandeep Singh Ladi and doctor had raped with his wife Kulwant Kaur alias Kanto and then killed her and destroyed her dead body . The complainant had full doubt on these persons. When the complainant was going to report the matter to the police, police party met him near Mehatpur crossing and recorded his statement. After recording the statement of complainant, ruqa was sent to the police station on the basis of which FIR was registered. On the same day, when Sub Inspector Kuldip Singh, Investigating Officer alongwith other police officials was present at Village Mehru Bridge, a bus came from the side of Nakodar and accused Pal Singh alighted from that bus, who was identified by complainant Rana Singh. Accused Pal Singh was arrested. On interrogation, he suffered disclosure statement Ex.PH regarding throwing of the dead body of Kulwant Kaur at a deserted place which was known to him only and he offered to get the same recovered. At the request of Investigating Officer, Executive Magistrate and a photographer joined the police party. Thereafter, the accused, in pursuance of his disclosure statement, pointed towards the dead body of Kulwant Kaur lying in a well. The dead body was brought out and identified to be of Kulwant Kaur by Rana Singh, complainant. Rough site plan regarding the place of recovery of dead body was prepared. Investigating Officer prepared the inquest proceeding Ex.PQ. Dead body was sent for postmortem examination. Then the accused led the police party to the place where Kulwant Kaur had been killed. Blood stained earth was lifted from that place and after converting it into a sealed parcel, the same was taken into police possession. A chappal, a shawl, two containers of cream and three phials of nail polish, lying at the spot were also taken into police possession. The Investigating Officer also took into police possession another chappal, a scarf, a sweater and a salwar. On 23.01.2007, the accused Amandeep Singh was arrested. On the same day, Sewa Singh produced a tractor-trolley before the Investigating Officer which was taken into police possession vide recovery memo Ex.PT. Statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, they were chargesheeted for the offence under Sections 302 read with Section 34 and 201 IPC to which they pleaded not guilty and claimed trial.