WARYAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant challenges his conviction by the Sessions Judge, Panchkula, under Sections 302/201/34 of the Indian Penal Code, vide order dated 13.06.2005 and sentence to undergo life imprisonment and to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo RI for three months, vide order dated 15.06.2005. The facts, in brief, are that on 03.04.2003, Fateh Singh, SI/SHO, Police Station Raipur Rani, received a disclosure statement (Ex.PU), through constable Abhey Ram, from Ranjit Singh, Inspector CIA, Yamuna Nagar, wherein the appellant Waryam Singh had made a disclosure about various crimes one amongst them being the murder of one Sukhpal Singh. The disclosure statement, records Waryam Singh as stating that he and his brother Avtar Singh alias Tari were released from jail on 26.11.2002. While in jail, they befriended Sukhpal Singh alias Kola. Sukhpal Singh escaped from jail and began living with them. About two and half or three months ago, his brother Avtar Singh and Sukhpal obtained a double barrel gun along with cartridges from Pohla Singh, Sarpanch of Village Sir Kapra. Avtar Singh got the barrel shortened and also bought a country made pistol, as they planned to commit robberies. One day, while their sister was serving meals, he saw Sukhpal Singh, pressing her hand. He discussed this fact with his brother Avtar Singh and they decided to take revenge. Four or five days later, they took Sukhpal Singh to the area of village Toda, on the pretext of committing a crime. Waryam Singh was armed with a gun whereas Avtar Singh was armed with a pistol. Waryam Singh shot Sukhpal dead at about 9.00 p.m. and they buried his body on the bank of the river, after digging a ditch. Waryam Singh stated that he can get the dead body recovered.

(2.) On receipt of the disclosure statement, SI Fateh Singh, recorded FIR (Ex.PU/1), on 03.04.2003 at 7.30 p.m., made an endorsement (Ex.PU/2), and forwarded the report to the Illaqa Magistrate, which reached at 6.13 a.m., on 04.04.2003. SI Fateh Singh filed, Ex.PV, an application, dated 04.04.2003, before the Illaqa Magistrate for transit remand of Waryam Singh, which was allowed on the same day, vide order Ex.PV/1. Waryam Singh was brought to police station, Raipur Rani and interrogated, in the presence of SI Vinod Kumar and Bahadur Singh. Waryam Singh made a disclosure statement, Ex.PA, reiterating contents of his disclosure statement, Ex.PU, regarding the murder of Sukhpal Singh and burial of the dead body. SI Fateh Singh filed an application, Ex.PH before the SDM, Panchkula, to depute an officer to join in effecting recovery of the dead body. Sh. Ashwani Kumar, Executive Magistrate, was deputed to accompany the police party. An application, Ex.PW was moved before the SMO, General Hospital, Panchkula, to depute a team of doctors to accompany the police party. The SMO, General Hospital, Panchkula, deputed Dr. Saini, to accompany the police party. A photographer, from Barwala, was also asked to accompany the police.

(3.) Waryam Singh led the police party to the place where he had buried the dead body of Sukhpal Singh and demarcated the exact spot. The area was excavated with the help of two labourers. A dead body was exhumed from the spot pointed out by Waryam Singh and identified as Sukhpal Singh by his father Bahadur Singh and Ram Asra, an uncle of the deceased. The dead body was taken into possession, vide recovery memo Ex.PB, which was attested by Bahadur Singh and Ram Asra. A kada, Ex.P5, shoes, Ex.P1 and P2, socks, Ex.P3 and P4, were taken into possession, vide recovery memo, Ex.PC, duly attested by Bahadur Singh, Ram Asra and the Executive Magistrate. A rough site plan, Ex.PX was also prepared, whereafter inquest proceedings, Ex.PJ were carried out. The photographer Vikas took photographs. The dead body was entrusted to ASI Manjeet Singh for getting post mortem examination conducted. Waryam Singh was once again interrogated on 06.04.2003, in the presence of Head Constable Om Parkash and Constable Krishan Kumar, he made another disclosure statement, Ex.PE, that he and his brother had removed the pant of deceased Sukhpal Singh and thrown it over a tree and had also thrown empty cartridges in the river, which they could get recovered. The disclosure statement was signed by Waryam Singh and attested by the aforesaid person. On 07.04.2003, Waryam Singh, pursuant to the disclosure statement, got the pant recovered, vide recovery memo Ex.PE/1. A site plan, Ex.PY, of the place of recovery was prepared by SI Fateh Singh, who thereafter, recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure and deposited the case property with the mohrar head constable. ASI Manjeet Singh filed an application, Ex.PK. to SMO, General Hospital, Sector-6, Panchkula, for post mortem examination. The dead body was referred to PGI, Rohtak, for post mortem, which was carried out on 07.04.2003, whereafter the dead body was handed over to relatives of the deceased, vide receipt Ex.PM. The post mortem report is Ex.PL. The viscera of the deceased was handed over to MHC, Police Station, Raipur Rani and a copy of the post mortem report was handed over to SI Fateh Singh. Hari Orh Patwari, prepared a scaled site plan and handed it over to SI Fateh Singh, on 23.05.2003. On 26.05.2003, a gun recovered from Waryam Singh in another FIR was taken into possession from MHC, Police Station Chhachhrauli, vide memo Ex.PF, and handed over to the armourer for examination, on 28.05.2003. The armourer prepared report, Ex.PG, on the same day.