GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by accused appellant Gurmukh Singh, against the judgment and order dated 1.4.2002, passed by the Additional Sessions Judge, Gurdaspur, convicting the accused appellant under Section 376, 366, 306 and 506 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 2000/- under Section 376 IPC and in default of payment of fine to undergo further RI for one year and also sentencing him to undergo RI for 10 years and to pay fine of Rs. 2000/- under Section 366 IPC and in default of payment of fine to undergo further RI for one year and sentencing him to undergo RI for 8 years under Section 306 IPC and also sentencing him to undergo RI for 5 years under Section 506 IPC and directing the substantive sentenced to run concurrently.

(2.) As per the case of the prosecution, Smt. Kashmir Kaur, PW made statement Ex.PA before SI Avtar Singh at Civil Hospital, Batala at 11.30 a.m. on 27.10.1999. In the said statement it was alleged by Smt. Kashmir Kaur that her daughter Narinder Kaur, deceased was working as a Teacher and that on 24.10.1999 at about 6.30 p.m., she and her daughter Narinder Kaur were going to the fields to answer the call of nature and she was about 10 yards ahead of her daughter, who was following her. It was alleged that in the meanwhile accused Gurmukh Singh, who is their neighbour, came on his scooter and compelled her daughter Narinder Kaur, deceased to sit on his scooter and he also threatened her daughter that he would kill her if she would raise an alarm. It was alleged that accused Gurmukh Singh took away her daughter on scooter forcibly and while going away he also threatened to kill her. It was alleged that after returning home she narrated the entire incident to her husband Gulzar Singh and they did not talk about it to any person as they were feeling insulted but they were searching for their daughter of their own. It was alleged that on the next day, her daughter Narinder Kaur returned back to the house at about 12 noon and told that accused Gurmukh Singh had taken her to Mohalla Sangal Pura, Gurdaspur, where he had a private quarter and he committed sexual intercourse with her forcibly and against her wishes. It was further alleged that she also told her that in the morning when accused Gurmukh Singh had come out of the room, finding an opportunity, she came to the bus stand and took a bus from there and came to the village. It was alleged that on the previous day i.e. on 26.10.1999, at about 7.30 p.m., her daughter told her that she had consumed some poisonous substance feeling ashamed and on account of consuming the poisonous substance, she started vomiting and started having loose motions, whereupon she told her husband about this and he arranged for a vehicle and got Narinder Kaur admitted in Civil Hospital, Batala, where she expired in the morning of that day i.e. on 27.10.1999 at about 9 a.m. After recording the aforesaid statement Ex.PA, SI Avtar Singh, sent the same to the police station with his report, on the basis of which formal FIR EXs.PA/2 was registered in Police Station Sadar Batala at 11.40 a.m./12.30 p.m. on 27.10.1999, under Sections 366, 306, 506 IPC. In fact, on 26.10.1999, at about 10.25 p.m., on receipt of a ruqa from Civil Hospital, Batala that Narinder Kaur had consumed some poisonous substance, SI Avtar Singh had gone to the Civil Hospital, Batala alongwith other police officials in order to record the statement of Narinder Kaur and had sought opinion of the Doctor in writing as to whether Narinder Kaur was fit to make statement or not, but the Doctor had opined that Narinder Kaur was unfit to make statement. Thereafter on 27.10.1999, SI Avtar Singh alongwith other police officials had again come to the Civil Hospital, Batala for recording the statement of Narinder Kaur, where Doctor opined that she was still unfit to make statement. Subsequently, on receipt of Ruqa from the Civil Hospital that Narinder Kaur had expired, SI Avtar Singh again went to Civil Hospital, Batala and at the main gate, Smt. Kashmir Kaur (mother of the deceased) met him and she made aforesaid statement Ex.PA before SI Avtar Singh, on the basis of which aforesaid FIR was registered in the police station.

(3.) Sub Inspector Avtar Singh prepared inquest report Ex.PG on the dead body of Narinder Kaur deceased and thereafter he sent the dead body for post- mortem examination, through Police Constables, vide request Ex.PC. Sub Inspector Avtar Singh went to the spot alongwith the complainant and prepared rough site plan Ex.PN and also recorded the statement of witnesses. Sub Inspector Avtar Singh took into possession the clothes of the deceased which were produced before him by Head Constable Amrik Singh, after these were made into sealed parcel. He arrested accused Gurmukh Singh on 2.11.1999 and got him medico legally examined. On 1.12.1999, the offence under Section 376 IPC was also added vide DDR No. 21, copy Ex. PR. After completion of investigation, challan was submitted in the Court.