AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant -accused has assailed the impugned judgment of conviction dated 13.11.2009 whereby he was convicted for committing murder of his real brother namely Gurdev Singh, and causing disappearance of the evidence of murder by concealing the dead body of deceased after burying it in his own house; under Sections 302 and 201 of Indian Penal Code (for short 'IPC'), rendered by the then learned Sessions Judge, Mansa. He was sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/ - with default clause for the commission of aforesaid offence vide order of the even date.

(2.) AMAR Singh -appellant, Sukhdev Singh and Gurdev Singh, sons of Jora Singh, were three brothers. They were residents of village Bajewala. Sukhdev Singh was eldest one. He died earlier. Gurdev Singh (deceased) was in Army. He used to reside at Guwahati. He also used to visit village Bajewala. As Gurdev Singh, had deserted from Army, therefore, he was dismissed by the Army.

(3.) ON interrogation, accused made a disclosure statement (Ex.PF) to the effect that about 9/10 months ago during night time, he killed his brother Gurdev Singh @ Fauji with a khapra and put his dead body in a ditch made by him in his living room about which he alone knows as to where the dead body of Gurdev Singh @ Fauji is buried. He further disclosed that he had kept concealed the khapra behind the peti (box) lying in his room after thoroughly washing and he alone knows about it and can get the same recovered by giving nishandehi. Accused thumb marked his disclosure statement. ASI Sukhwinder Singh and Pritpal Singh, singed it as witnesses. Thereafter, SI Baljinder Singh, made a request (Ex.PG) to the SDM, Nasa, for deputing some Executive Magistrate for recovery of deceased Gurdev Singh @ Fauji. On this request, Tehsildar, Sardulgarh was deputed vide Ex.PD. Investigating Officer, then made a request Ex.PH to SMO, Sardulgarh for deputing some doctor for the recovery of dead body of Gurdev Singh @ Fauji, whereupon Dr. Sohan Lal, was deputed vide endorsement Ex.PA. In pursuance with his aforementioned disclosure statement, accused produced the dead body of Gurdev Singh @ Fauji after taking out from earth, after pulling it with his own hands, which was kept concealed under the earth in the right side of his residential room. Dead body of Gurdev Singh @ Fauji was in decomposed condition and skeleton of decomposed bones. He also produced khapra which was kept concealed by him behind the peti (box) lying in his room, after washing and cleaning it. The above said skeleton, and khapra (Ex.P1), were taken into police possession vide memo. Ex.PB. Rough site plan of the place of recovery of dead body/skeleton of Gurdev Singh and khapra Ex.PJ was prepared. Rough sketch of the khapra was prepared as Ex.PK. Rough site plan Ex.PL was prepared. Request Ex. PM was made to Medical Officer, PHC, Sardulgarh, for conducting post -mortem of dead body of Gurdev Singh @ Fauji (deceased) whereupon the dead body was referred to Civil Hospital, Mansa, vide endorsement Ex.PC for post -mortem. From there, it was sent to Forensic Medicine Laboratory, Faridkot, through H.C. Samrat Vir. Postmortem report was obtained. Inquest report Ex.PN was prepared. Dead body was got photographed and videos of the recovery proceedings were also got prepared. Negatives, photos and video cassette (Ex.P2) were also taken into police possession vide memo. Ex.PQ.