LAWS(P&H)-2005-11-9

SAWINDER SINGH Vs. STATE OF PANJAB

Decided On November 09, 2005
SAWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Appellants Sawinder Singh (70 years) and his wife, Smt. Rachna (70 years), have filed this appeal against judgment and order dated 6-2-1997 whereby they were convicted under Section 302 of the Indian Penal Code and Section 302 read with Section 34 of the Indian Penal Code respectively and sentenced to undergo imprisonment for life with a fine of Rs. 2000/- each and in default of payment of fine to further undergo RI for one year each under Section 302, IPC and 302 read with Section 34, IPC respectively.

(2.) The prosecution story, as divulged by Sukhwant Kaur (P.W. 4), complainant, wife of Sukhdev Singh (since deceased), is as under : Complainant-Sukhwant Kaur (35 years) was under the influence of some evil spirit. It was on 13-8-1994 that she along with her husband Sukhdev Singh (since deceased) had gone to the house of Harjinder Singh (P.W. 5), who is husband of sister of said Sukhdev Singh. On 14-8-1994, Sawinder Singh, accused-appellant (hereafter referred to as "the appellant") came to the house of Harjinder Singh (P.W. 5) in village Shakri for taking milk. There, he enquired about Sukhwant Kaur, complainant and her husband Sukhdev Singh. Thereupon, Harjinder Singh told that they both were his relations. He further told that Sukhwant Kaur (P.W. 4) was suffering from some evil spirit. Then, appellant Sawinder Singh told that he would cure her at his dera and as such, she should be brought there. Accordingly, on the same day, in the afternoon, Harjinder Singh (P.W. 5) along with Sukhdev Singh and his wife Sukhwant Kaur (complainant) went there. Appellant Sawinder Singh then started giving his treatment through mantir and tantrik means and continued doing so till 16-8-1994 but she (complainant) did not feel any improvement in the condition with the said treatment of the appellant. Then, the appellant told her that in fact, her husband Sukhdev Singh is to be treated first, who is also under the influence of evil spirit. On 16-8-1994, at about 9.00 p.m., appellant Sawinder Singh asked Harjinder Singh (P.W. 5) and the complainant to sleep in a room of the dera. He further told that he would thereafter treat her husband. Accordingly, they went asleep. The appellant then made her husband Sukhdev Singh (deceased) to sit near a fire (dhuni). At about 11.15 p.m. she heard shrieks of her husband and on going out of the room, she saw in the light of electric bulb that he had been made to lay on embankment of a pond in the dera. His legs were tied up with an iron chain and hands were also tied with a rope on his back. Appellant Sawinder Singh and his wife Rachna (appellant No. 2) both were present there. In the presence of the complainant, appellant Sawinder Singh asked his wife Rachna to bring a sotta (a wooden rod, meant for crushing salt etc.) and a sword from inside. Accordingly, she brought and handed-over the same to appellant Sawinder Singh, who then started giving blows with the said sotta on the head, face, chest and waist of Sukhdev Singh (deceased). Thereupon, he started crying. Then, appellant Rachna gagged his (Sukhdev Singh's) mouth with a piece of cloth. Thereafter, appellant Sawinder Singh also gave kirpan blows on the person of Sukhdev Singh. On seeing so, Sukhwant Kaur (complainant) made Harjinder Singh (P.W. 5) to wake up. He also reached there and then they tried to intervene, but they were scared as he (appellant-Sawinder Singh) started wielding his sword. So due to the fear they pulled-back. Sawinder Singh also pulled the beard of Sukhdev Singh (deceased). On seeing so, complainant Sukhwant Kaur laid-down on her injured husband, as a result of which her shirt and salwar also got smeared with blood. But in the meantime, Sukhdev Singh had breathed his last at the spot. Appellant Sawinder Singh then took the complainant aside and told that she should not worry and that he would keep her and provide all comforts. Harjinder Singh and the complainant then shouted "Mar Dita, Mar Dita" (Killed-Killed), whereupon, both the appellants had runaway along with their weapons from the spot. Out of fear, they did not move-out during the night time. In the morning of 17-8-1994, a message was sent to the relations of the complainant. Thereafter, Sukhwant Kaur, complainant, along with Bakshish Singh, Sarpanch, left for the Police Station to lodge the FIR leaving behind Harjinder Singh (P.W. 5) to guard the dead-body. The police met her near Village Gill where, she made her statement (Ex. PF), in the above narration of facts before ASI William Masih (P.W. 9). He made his endorsement Ex. PF/1 and the same was sent to Police Station, Dhariwal. Ultimately, FIR (Ex. PF/2) was recorded at 1.45 p.m. on the same day i.e. on 17-8-1994 by SI Kulwant Rai.

(3.) The investigation of this case was taken into hand by ASI William Masih (P.W. 9), who after recording the statement of the complainant, rushed to the place of occurrence. There, he prepared inquest report Ex. PD. He also prepared rough site plan Ex. PN with correct marginal notes in his hand. From the spot, he took into possession a parna with which, the mouth of the deceased was gagged, vide memo Ex. PJ. The rope and iron chain were also taken out from the arms and legs of the deceased and the same were taken into possession vide respective memos Ex. PH and Ex. PG. Besides that, some hair of the beard of the deceased were also taken into possession from the spot vide memo Ex. PM. The dead-body was sent to the hospital for post-mortem examination. In the meantime, Sukhwant Kaur, complainant, also produced her clothes which were smeared with the blood. Her clothes were taken into possession vide memo Ex. PL. On return to the Police Station, he deposited the case property with the MHC. ASI William Masih (P.W. 9) then searched for the accused and they could be arrested only on 23-8-1994. It was on 25-8-1994 that during interrogation, appellant Sawinder Singh made his disclosure statement, Ex. PQ, in pursuance of which, he got recovered the sword and sotta, the weapons of offence, which were taken into possession vide recovery memo Ex. PS and PR respectively. At the spot, site plan of the place of recovery Ex. PT was also prepared.