JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASVIR Singh and Sadhu Singh -appellants were tried by the learned Additional Sessions Judge, Faridkot, on the charges for offences punishable under Sections 302/34, Indian Penal Code (hereinafter referred to as 'the Code') for the murder of Ashok Kumar, 379 of the Code the theft of Maruti van of Ashok Kumar (deceased) and 201/34 of the Code for destroying the evidence of murder by throwing his deadbody in the canal. Jasvir Singh -appellant was found guilty and convicted of the substantive charge for offences under Sections 302 and 201 of the Code while Sadhu Singh -appellant of the charge under Sections 302/34 and 201/34 of the Code. Both of them were awarded sentence of rigorous imprisonment for life and fine of Rs. 700/ - or in default of payment thereof to further undergo three months' rigorous imprisonment under Sections 302, 302/34 of the Code, as the case may be. Each one of them was also sentenced to undergo five years' rigorous imprisonment and fine of Rs. 300/ - or in default of payment thereof to further suffer rigorous imprisonment for one month for offence under Section 201, 201/34 of the Code, as the case may be. Both the substantive sentences were, however, ordered to run concurrently. Feeling aggrieved against their conviction and sentence, they have come up in appeal.

(2.) IN brief, the facts of the prosecution case are that Ashok Kumar (deceased) was the owner and driver of Maruti van/taxi bearing registration. No. PAR -692. He used to ply it at Moga while his brother Satpal (P.W.2) used to work as Plumber at Moga. On June 16, 1990, at about 7 P.M. Satpal (P.W.2), after finishing his work joined his brother Ashok Kumar at Taxi Stand, Moga. In the meanwhile, two persons contacted Ashok Kumar and wanted to hire his taxi for going to Village Sudhar. On the enquiry of Ashok Kumar, one of them, disclosed his identity as Jasvir Singh son of Amar Singh, Harijan, and the other as Sadhu Singh son of Chhottu Singh, Musalman, of village Darolt Bhai. Accordingly, Ashok Kumar left Moga for village Sudhar in the taxi -van. Ashok Kumar (deceased) failed to return to the house. His brother Satpal (P.W.2) then started searching for him, but on his failure to locate his brother, left for Police Station City, Moga, for lodging the report on June 23, 1990. He happened to meet Assistant Sub Inspector Gurdeep Stngh near Nehru Park, Moga, and lodged report (Exhibit P.D.). It was concluded at 9.10 P.M. and on its basis a case for offence under Sections 364/34 of the Code was got registered against the accused -appellants at 9.25 P.M. on that day at Police Station City Moga through Assistant Sub Inspector Hera Chand. Assistant Sub Inspector Gurdeep Singh then started searching for the accused, but failed to locate them. In the meanwhile, on June 25, 1990, Jasvir Singh accused contacted Prem Nath (P.W.4) at his Saw Mill at Moga and sought his help for production before the police after admitting that he along with Sadhu Singh, co -accused, had hired the taxi -van of Ashok Kumar. The van was got stopped near Village Kular on the pretext of urinating. Sadhu Singh accused then put a piece of cloth around the neck of Ashok Kumar. Both of them then pulled the piece of cloth and killed Ashok Kumar. They threw his deadbody in the canal. Accordingly, Prem Nath (P.W.4) produced Jasvir Singh accused before Assistant Sub Inspector Gurdeep Singh, who arrested the accused after recording the statement of the witness. Jasvir Singh accused was interrogated in the presence of Prem Nath (P.W. 4) and Dev Raj (P.W.3) by Assistant Sub Inspector Gurdeep Singh. He offered to gel the deadbody recovered from the canal by pointing out where the deadbody was thrown in the canal. Thereafter, Jasvir Singh accused led the police parly to the Sirhind canal and pointed out the place where the deadbody was thrown therein. Then the accused led the police party down -stream and got recovered the deadbody of Ashok Kumar from near the bridge of Village Rania. The deadbody was identified by Dev Raj and Satpal - witnesses. Its inquest report was prepared by Assistant Sub Inspector Gurdeep Singh. It was entrusted to Constable Rattan Singh and Iqbal Singh for autopsy. The Assistant Sub Inspector also prepared the rough site plan (Exhibit P.J.) of the place where the deadbody was thrown in the canal and plan (Exhibit P.K.) of the place of its recovery. He also recorded the statements of the witnesses.

(3.) THE autopsy on the deadbody was conducted by Dr. Ramesh Sharma (P.W.1) at Civil Hospital, Moga, on June 25, 1990, at 1 P.M. The deadbody was highly putrefied and omitting foul smell. It was bloated and facial features blunted. The head hair were missing. An abraided contusion measuring 8 cros x 5 cros was found on the right side of the neck while another abraided contusion measuring 9 cros x 4.5 cros was found on the left side of the neck. The subcutaneous tissues were found ecchymosed and muscles lacerated. He also detected the fracture of laryngeal cartilage with is broken fragments displaced outwards. The trachea was also injured. The tracheal and laryngeal mucosa was congested. The walls of the carotid vessels were contused. The lungs were congested and shrunken. According to this doctor, the death took place due to asphyxia resulting from strangulation of the neck. All the injuries were ante mortem and sufficient to cause death in the ordinary course of nature. The death took place immediately on receipt of the injuries while the autopsy was conducted within seven to fifteen days.