DIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14.9.2009, passed by ld. Additional Sessions Judge, Ludhiana, vide which accused/appellant was convicted under Sections 302 and 201 IPC. He was sentenced under Section 302 IPC to undergo imprisonment for life and fine of Rs. 2,000/ -, in default of payment of fine, to undergo further rigorous imprisonment for one month. He was also sentenced under Section 201 IPC to undergo rigorous imprisonment for seven years and fine of Rs. 1,000/ -, in default of payment of fine, to undergo further rigorous imprisonment for 15 days. Both the sentences were directed to run concurrently.

(2.) PRITAM Singh son of Nand Singh (PW5) made a statement to S.I. Arvind Puri of P.S. Division No. 6, Ludhiana, on 16.12.1992 wherein he has stated that his brother Bhai Parminder Singh @ Billu used to run Tempo No. PIL -9695 in Tempo Union, Dholewal Chowk, Ambala Road, Ludhiana. Everyday in the evening, Parminder Singh @ Billu used to go to his village with tempo. But on 24.3.1992, when Parminder Singh @ Billu did not come back with his tempo to village for 4/5 days then he searched for Parminder Singh @ Billu, deceased, from Tempo Union, Dholewal Chowk, Ambala Road, Ludhiana and came to know that Parminder Singh @ Billu alongwith Tempo No. PIL -9695 had gone to his village on 24.3.1992 at about 4:30 PM. Till now, Parminder Singh @ Billu alongwith tempo has not been traced. He has been searching for him in relations and friends. He is of the view that his brother Parminder Singh @ Billu has been kidnapped with the tempo by someone with intention to kill him. The police accordingly registered FIR No. 245 dated 16.12.1992 under Section 364 IPC at P.S. Division No. 6, Ludhiana.

(3.) ON 29.3.1993, accused Dial Singh @ Kala was arrested by ASI Jagdish Singh. Accused suffered a disclosure statement under Section 27 of the Evidence Act (Ex.PB) that on 24.3.1992 at about 9/9:30 PM he alongwith co -accused Narinder Singh @ Ladi had taken away Parminder Singh @ Billu son of Nand Singh to a well in an uninhabited area near railway track of village Sargundi and there strangulated and killed him. They removed HMT wrist watch, a silver ring and cash from the dead body of Parminder Singh @ Billu and threw away his dead body into a deserted well. The watch and ring were wrapped in a small cloth and has been kept concealed by digging a pit near the room. He can get recovered the dead body from the well and watch, a silver ring wrapped in a small cloth from the pit. Accordingly, Dial Singh @ Kala led the police party to the deserted well of Harbhajan Singh which was mortgaged with Gurmukh Singh son of Bakhshish Singh at village Sargundi and after digging a pit in the roofless room took out a wrist watch HMT Avinash and a silver ring bearing impression 'PS' wrapped in a small cloth and produced the same before the police in the presence of Manjit Singh son of Nand Singh resident of Jassowal and HC Jagdev Singh. The same were taken into possession, vide memo Ex.PC. Accused Dial Singh @ Kala then led the police party to the deserted well and identified the same. The police arranged a diver Kala son of Bhagat Ram, who took out a woolen sweater of light sky blue colour manually knitted and a torn piece of shirt of light yellow cream colour through an iron kunda tied with rope by moving the same in the well. The same were taken into possession by the police, vide memo Ex.PD in the presence of abovenoted two witnesses and Kala diver. Then, on the identification of accused Dial Singh @ Kala, Kala diver went into the well with the help of rope and took out certain skeleton/bones and produced the same before the police. The same were taken into possession by the police in the presence of abovenoted witnesses, vide memo Ex.PE. Earlier, on 21.12.1992, S.I. Arvind Puri alongwith police officials and Pritam Singh (complainant) held a naka in Sherpur Chowk near Military Camp and there one tempo without number plate and without body was seen coming. Gian Singh son of Nasib Singh resident of Bachittar Nagar, Ludhiana, was driving the same. Pritam Singh (complainant) identified the tempo as belonging to his brother Parminder Singh @ Billu deceased, and was having registration No. PIL -9695. The tempo was taken into possession through recovery memo Ex.PW2/B. On the completion of investigation, the challan was presented in Court. Gian Singh is stated to have died in the year 2001, therefore, only Dial Singh faced the trial. He was chargesheeted under Sections 302 and 201 IPC