SURJIT SINGH ALIAS BABA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Surjit Singh alias Baba, Manjit Kaur alias Manna and Mohinder Singh were tried by the court of learned Additional Sessions Judge, Ferozepur (here-in-after referred to as, the trial court) on the accusation of having murdered Sukhwinder Kaur. Vide judgment/order dated 16.07.2009 Mohinder Singh has been acquitted and appellants Surjit Singh alias Baba and Manjit Kaur alias Manna have been convicted and sentenced to imprisonment for life with fine amounting to Rs.20,000/- and in default of payment of fine to further imprisonment for three years, each, under Section 302 of the Indian Penal Code, 1860 (here-in-after referred to as, 'IPC') and imprisonment for seven years with fine amounting to Rs.5000/- and in default of payment of fine to further imprisonment for one year, each, under Section 201, IPC. Appellant Surjit Singh alias Baba has preferred CRA No.703-DB-2009, Surjit Singh alias Baba versus State of Punjab, and appellant Manjit Kaur alias Manna has brought CRA No. 919-DB of 2009, Manjit Kaur alias Manna versus State of Punjab, to challenge their conviction while complainant Kashmir Singh has filed Criminal Revision No. 613 of 2010, Kashmir Singh versus State of Punjab & Others to challenge acquittal of accused Mohinder Singh. The two appeals and the criminal revision, having arisen from a common judgment/order and common questions of fact and law being involved therein, are proposed to be disposed of by this common judgment being passed in CRA No.703-DB-2009, 'Surjit Singh alias Baba versus State of Punjab'.

(2.) Sum and substance of the story of the prosecution is that on 07.07.2006 appellant Manjit Kaur alias Manna came to the house of complainant Kashmir Singh (PW4) and took his wife, Sukhwinder Kaur (the deceased) to her house saying that Surjit Singh alias Baba had come to her house and she might get answers to her questions. At that time the deceased was wearing one gold bangle weighing one tola, one gold ring weighing half tola and one pair of gold ear rings weighing tola. Kashmir Singh went to attend a marriage at village Deh. When he returned from there, he found that his wife (deceased) had not returned home till then. Accompanied by his brother, Resham Singh, he went to appellant Manjit Kaur alias Manna's house but was told by her that the deceased had gone after getting answers to her questions from Surjit Singh alias Baba. When he was searching for the deceased, Gurmej Singh of village Deh met and told him that he had seen the deceased entering Manjit Kaur alias Manna's house but did not see her coming out. This led Kashmir Singh (PW4) to suspect that the deceased had been done to death by Manjit Kaur alias Manna and Surjit Singh alias Baba. Kashmir Singh (PW4), accordingly, suffered a statement, Exhibit P4, before Inspector Narinder Singh (PW9) at 10.30 a.m on 12.07.2006 based whereupon a formal First Information Report (FIR, for short), Exhibit P16, was recorded. Inspector Narinder Singh reached Manjit Kaur alias Manna's house and arrested her. She, on being questioned, made a disclosure (Exhibit P6) and thereby revealed that she and Surjit Singh alias Baba, after murdering the deceased, had removed her gold ornaments and had thrown the dead body into the gutter of latrine (say Septic Tank) and that the gold ornaments removed from the dead body were taken away by Surjit Singh alias Baba. In the presence of Executive Magistrate, Madan Mohan (PW4) (who was deputed by the Sub Divisional Magistrate), and Gurmej Singh (PW5) the pit in the latrine was dug out on the demarcation of Manjit Kaur alias Manna and dead body of the deceased was recovered therefrom and was taken in police custody. Inquest report (Exhibit P3) was prepared. Dr. Bobby Gulati (PW1) conducted post mortem on the dead body at 02.00 p.m. on 12.07.2006. On being further interrogated, Manjit Kaur alias Manna made another disclosure (Exhibit P9) and pursuant thereto, got recovered one gold bangle, one gold ring and gold ear rings (parcel Exhibit MO/4), a blanket (Exhibit MO/2), having blood stains and hair on it, and a rope (Exhibit MO/3). Surjit Singh alias Baba was arrested on 23.07.2006 and pursuant to his disclosure (Exhibit P13), he got recovered a "Ghotna" (a wooden log used by the rural folk to grind spices) (Exhibit MO/5). Statements of witnesses were recorded. Appellants were challaned. Accused Mohinder Singh was summoned as an additional accused by invoking Section 319 of the Criminal Procedure Code, 1973 (here-in-after referred to as, 'CrPC'). Learned trial court charged the accused under Sections 302 and 201, IPC. Accused pleaded not guilty and claimed to be tried.

(3.) Prosecution examined Dr. Bobby Gulati (PW1), Kashmir Singh (PW4), Executive Magistrate Madan Mohan (wrongly numbered as PW4), Gurmej Singh and Randhir Singh (PWs5 & 6), Malook Singh (PW3), and Inspector Narinder Pal Singh (PW9) besides examining formal witnesses, namely, Randhir Singh Gupta (PW6), ASI Satpal Singh (PW7), HC Dilbagh Singh (PW8), Dalip Singh (PW11) and Superintendent of Police Gurdev Singh (again wrongly numbered as PW11). The incriminating circumstances brought on record by these witnesses were, however, denied and plea of their false implication and innocence was reiterated by the accused in their statements under Section 313, CrPC.