MEHMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 20.02.2009 by accused-appellant Mehma Singh, who has been held guilty and convicted under Section 302 of Indian Penal Code (in short IPC ) and the order on quantum of sentence dated 21.02.2009, vide which he has been sentenced to undergo imprisonment for life and to pay fine of Rs.5000/-. In default of payment of fine, he has been ordered to further undergo rigorous imprisonment for a period of six months.

(2.) Brief facts giving rise to this prosecution are that on 18.10.2006 PW-4 Jasvir Singh spotted the dead body of a child aged 6/7 years lying in the water channel, when he went to irrigate his fields. The dead body came flooded in the water from behind. He gave information to the Panchayat of village Akanwali. Gurlal Singh Panch, Mithu Singh son of Gurdev Singh and Mehla Singh Chowkidar came present at the spot. After leaving Mehla Singh Chowkidar at the spot to guard the dead body, Jasvir Singh along with Gurlal Singh Panch were going to the police station. S.I. Paramjit Singh met them and recorded the statement of Jasvir Singh Ex.PD. S.I. Paramjit Singh carried out the inquest proceedings and sent the dead body for the postmortem examination.

(3.) On 19.10.2006 PW-1 Gurdas Singh made the statement Ex.PM to Inspector Mohinder Kumar S.H.O. Police Station, Boha alleging therein that he has two sons. His elder son is the appellant Mehma Singh and younger to him is Mewa Singh. Both of them are married to the daughters of Baldev Singh resident of village Khai, Police Station Lehra Gaga. They used to reside together in one house. Appellant Mehma Singh had two sons namely Manminder Singh alias Gaggi aged about six years and Rajwinder Singh alias Raju aged about 4 years. His son appellant Mehma Singh was not mentally fit for the last about 1 years. They have been getting treatment for him from Danaula, Mansa etc. About one year back appellant took away his both the children from the house, but returned after 4/5 days. On 16.10.2006 at about 12 O clock in the mid night appellant took away both his children and went towards village Dharampura. He bolted the door of their house from outside. When they came to know, he, his son Mewa Singh and Binder Singh son of Teja Singh went in search of his son and grandsons on tractor towards village Dharampura. People working in fields told them that Mehma Singh along with his children went towards village Dharampura. They tried to search him but they could not find them. Today they came to know that the dead body of the child is lying in Civil Hospital Budhlada, then he along with his nephew Bharpur Singh went to the Civil Hospital and identified the dead body of Rajwinder Singh alias Raju his grandson. He further stated that he is sure that his son Mehma Singh might have thrown Rajwinder alias Raju in the canal or minor which resulted in his death. On the statement of PW-1 Gurdas Singh Ex.PM, the FIR Ex.PM/2 was registered and investigation was started.