KULBIR KAUR @ RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.08.2010 rendered by learned Sessions Judge, Kapurthala, whereby the appellants-accused Kulbir Kaur @ Rani and Paramjit Singh @ Bhamba were convicted for the offence under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, each one of them was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- with default clause.

(2.) Briefly, prosecution case is like this; that Harbans Singh s/o Harbhajan Singh, set the police machinery into motion by making statement Ex. PW13/A to the effect that he has constructed a place for Baba Peer Bhikam Dass and used to light Chirag there on every Thursday. On 17.09.2009, he alongwith his brother Joginder Singh and other member had gone to that place at about 4:00 P.M. to light the Chirag. After doing the needful, they came back. On 18.09.2009, i.e. the day on which the complaint was lodged by him with the police, at about 11:00 A.M, he along with his brother Jagtar Singh, had gone to paddy fields. When they reached near the place of Baba Bhikam Dass, they saw that one pair of chappal plastic lying there. They also saw one dead body of Hindu Gentleman wearing 'phatui' (vest) and some blood was also seen over there. The body was that of unknown person. As per complainant, he left his brother Jagtar Singh, near the dead body and he himself had gone to the police station for lodging the report. On this report, endorsement Ex.PW14/A was made, whereupon, formal FIR Ex.PW14/B was recorded. Thereafter, Inspector Piara Singh along with complainant Harbans Singh had gone to the place of occurrence. On reaching there, they found that the blood had come from the head of the body and besides that some vomiting type material was also lying over there. Blood as well as vomiting were taken into separate plastic container sealed with the seal of 'PS' and then the same were taken into possession vide memo Ex.PW13/B. Complainant Harbans Singh and SI Surinder Singh signed this memo as witnesses. A brick bat stained with blood and some hairs attached to that were also found at the spot. Hairs from the brick bat were removed and put the same in polythene envelop. Brick-bat and the envelop were sealed with the seal of 'PS' separately and then taken into police possession vide memo Ex.PW13/C. The body was found lying upside down on the floor of Smadh of Baba Kithan Dass, situated in the area of village Machhi Joa. Plastic chappal, colour black, found lying outside the Smadh were converted into a parcel sealed with the seal of 'PS' and the same were taken into police possession. At a small distance from the Smadh, in the paddy fields an underwear of orange colour was lying. It was also converted into a parcel and took into possession. Inquest proceedings Ex.PW14/C were completed. Photographs of the dead body were obtained. Rough site plan of the spot was prepared as Ex.PW14/D. Post mortem of the dead body was conducted as unidentified person at Civil Hospital, Sultanpur Lodhi on 21.09.2009 and, thereafter, the dead body was handed over to Municipal Committee, Sultanpur, Lodhi for cremation vide receipt Ex.PW14/E. After post mortem, HC Darshan Singh handed over the sealed parcel of clothes of deceased containing one 'phatui' and one pant of black colour having strips and the same was taken into police possession vide memo Ex.PW14/F.

(3.) On 07.10.2009, Kabal Singh and one Parvinder Singh came to police station, Sultanpur, Lodhi, where Piara Singh, Inspector, showed the photographs and clothes of deceased to them and they identified the same as that of Dharminder Singh s/o Kabal Singh. Identification memo Ex.PE was prepared. Kabal Singh, Parwinder Singh and SI Surinder Singh signed this memo as witnesses. After making inquiry, Inspector Piara Singh, search for the accused Paramjit Singh and Kulbir Kaur. Residence of both the aforesaid accused were raided and they could not be arrested as they were evading their arrest.