JAGDISH @ MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this judgment, four criminal appeals No.CRA No.D -558 -DB, CRA No.D -621DB, CRA No.D -644 -DB and CRA No.D -649 - DB of 2011 shall be disposed of, vide which the accused have filed separate appeals, challenging their conviction and sentence under Sections 460, 461, and 302 IPC, vide which they were sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - each and in default thereof, further rigorous imprisonment for 10 months for the offence under Section 460 IPC. All the accused were also sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - each and in default thereof, further rigorous imprisonment for 10 months for the offence under Section 302 IPC and also sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 2,000/ - each and in default thereof, further rigorous imprisonment for two months for the offence under Section 461 IPC. It was further directed that out of fine, if realized, an amount of Rs. 1,50,000/ - shall be paid to the complainant Sukhvir Kaur as compensation.

(2.) SUKHVIR Kaur along with her husband Hardev Singh, two sons, namely, Simrandeep Singh and Sumit Singh, her mother -in -law Jarnail Kaur were living happily in her house at Jassran Road, Subhash Nagar, Street No.2, Mandi Gobindgarh. On 23.07.2001 at about 8.00 p.m. after taking the meal, Sukhvir Kaur, her husband Hardev Singh and son Sumit Singh slept in the first floor of the house, whereas, her mother -in -law Jarnail Kaur along with her son Simrandeep Singh and servant Babbu @ Baba Bhaiya slept in the courtyard. At about 1/1.30 a.m., 7 -8 unknown persons, who were armed with iron rods and two of them were carrying double barrel guns entered her house. They started inflicted injuries to HardevSingh, Jarnail Kaur and Babbu @ Baba Bhaiya.

(3.) THEY also caused injuries to Sukhvir Kaur, her two sons, namely, Simrandeep Singh and Sumit Singh and injured them and thereafter, looted the household articles, consisting jewellery, cash and other things. The occurrence was witnessed by both the sons of complainant -Sukhvir Kaur. The complainant claimed that she can identify the accused, if they are brought before her. Then her neighbourer Mohinder Singh came there. The complainant accompanied by her neighbourer Mohinder Singh went to the police station to report the matter. She made the statement Ex.PF before the police party, headed by Inspector Devinder Singh and ASI Kashmir Singh. Accordingly, Inspector recorded the police proceedings and send it to the police station, where formal FIR was registered. Complainant -Sukhvir Kaur further stated that she will check all the articles and report later about stolen articles. Hardev Singh, husband of the complainant, her mother -in -law Jarnail Kaur and servant Babbu @ Baba Bhaiya succumbed their injuries. Their post -mortem was got conducted. The Police swung into action and, immediately, visited the place. The site plan of the occurrence was prepared. S.I. Gurmeet Singh, who is finger expert was called at the spot and the finger prints from the door and glass table were lifted and sent to Finger Print Bureau, Phillaur. On 14.11.2003, all the eight accused were arrested by Inspector Jaswinder Singh, Incharge, CIA Headquarter, Ludhiana in FIR No.299 of 2002, P.S. Basti, Jodhewal, Ludhiana. All the accused were interrogated. Accused Baghera, Sanjay @ Papri suffered their disclosure statements that they have kept concealed some goldornaments in their rented house in Borian ki colony in a room, wrapped in polythene paper, buried under the earth in the corner of their room. Accused Dharminder Kumar @ Kala, Amritpal @ Foni, Arjan @ Jasbir also suffered different disclosure statements under Section 27 of the Evidence Act that they have kept concealed gold ornaments in the residential Jhugi, viallage Kuhara, District Ludhiana, after digging earth on the western side. They , accordingly, got recovered the said gold ornaments. Accused Rajesh @ Tunda, Bikram @ Bachi @ Tatri, Vijay @ Laddi also suffered disclosure statements that they have kept concealed gold ornaments in the residential Jhugi, Anaj Mandi, Bahadar Ke Road, Police Station Salem Tabri, District Ludhiana, buried under the earth and can get the same recovered. They also got the gold ornaments recovered. The gold ornaments were bearing inscription like PK, SK, MS, GS, GK, KK, JS, RK, Brar, Sukhvir. The said articles were found to be stolen articles and were taken into possession vide various memos under Section 102 Cr.P.C. During interrogation by CIA Headquarter, Ludhiana, accused admitted that they had committed the present crime in the house of Sukhvir Kaur. Therefore, the Ludhiana police sent the information to Mandi Gobindgarh police about the same, on which, S.I. Vijay Kumar took Sukhvir Kaur and one Municipal Councilor Krishan Chand to police post Basti, Jodhewal, Ludhiana. There some gold ornaments were produced before Sukhvir Kaur and she identified one gold kara bearing inscription H.S., one gold ring on which Sukhvir was inscribed, two gold bangles bearing inscription SK, two other gold bangles inscribed SK, one gold chain on whichDhaliwal was written and one gold chain on which Shine was written and another gold bangle on which SK was written. These gold ornaments were got identified after mixing the same with other gold ornaments. The said ornaments were taken into possession by Mandi Gobindgarh Police vide Ex.PW4/A, which was signed by Krishan Chand M.C. and Sukhvir Kaur. The accused were then taken into custody in the present case. During the course of investigation, the finger prints of the accused were also obtained and sent for comparison to the Finger Prints Bureau, Phillaur with the finger prints lifted from the place of occurrence. Vide report Ex.PX, the Finger Prints Bureau, Phillaur reported that the finger prints of the present accused matched with those taken from the spot.