LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant Lachhman Singh against the judgment and order dated 19.10.2002 passed by the learned Sessions Judge, Ropar whereby the appellant has been held guilty and convicted for the offences punishable under Sections 302 and 201 Indian Penal Code ("IPC" - for short). He has been sentenced to undergo imprisonment for life for the offence under Section 302 IPC; and imprisonment for three years, besides, pay a fine of Rs.2000/ - and in default thereof undergo further rigorous imprisonment for three months for the offence under Section 201 IPC. Both the sentences have been ordered to run concurrently. In terms of the said judgment, Mito (accused No. 2) and Giano (accused No. 3) wife and daughter respectively of Prem Singh were acquitted.

(2.) FIR in the case has been registered on the basis of application dated 28.2.1997 (Ex.PA) submitted by the complainant Mohinder Singh (PW -1) son of Chanchal Singh, resident of Amarali, Tehsil and District Ropar to the SHO Ropar, District Ropar. According to the complainant Mohinder Singh, his two daughters namely Karamjeet Kaur (PW -4) and Amarjeet Kaur (deceased in the case) were married to two brothers namely Angrej Singh and Lachhman Singh (appellant) sons of Prem Singh, residents of village Majri, Police Station Sadar Ropar about eight -nine years earlier from the date of submission of the application (Ex.PA) i.e. 28.2.1997. The wife of the complainant namely Gurdev Kaur had reached village Majri to meet their daughter Amarjeet Kaur (deceased) on 10.10.1995. On reaching there she was informed on her asking that their daughter Amarjeet Kaur (deceased) had gone to meet them at village Amarali. On getting this information, the wife of the complainant returned back to her village Amarali. However, when she reached home she found that their daughter Amarjeet Kaur had not reached their home at village Amarali. Then they searched for their daughter around the village and on the next day i.e. on 11.10.1995, the complainant along with Darbara Singh son of Niranjan Singh, Amreek Singh son of Ram Aasra, Gurnam Singh son of Chanan Singh of village Amarali and Ram Pal Singh, Nater Singh son of Mydita, Hari Singh son of Mydita, Malkiat Singh, Thakur Singh residents of Samrala reached village Majri Chamiaran near Ropar and they met Prem Singh father of the appellant Lachhman Singh @ Lali, and asked him about their daughter. Then Lachhman Singh @ Lali (appellant) and his father Prem Singh replied that now they did not know anything about their daughter Amarjeet Kaur (deceased) and they were not responsible. They should themselves search for their daughter.

(3.) THE complainant and residents of village Amarali continued to search for the girl. The complainant along with the other villagers while searching for their daughter on 16.10.1995 reached near the fall of the 'pucca' canal at Salempur and saw the dead body of their daughter Amarjeet Kaur lying near the fall of the 'pucca' canal in the water of the siphon. Information in this regard was given at Police Station Sadar Ropar. The police came from the Police Station at the spot and got sent the dead body to Civil Hospital, Ropar. The post -mortem of the dead body was jointly conducted by four doctors on 17.10.1995. Contents from the dead body were sent for chemical examination to Patiala. The complainant brought the dead body of his daughter Amarjeet Kaur (deceased) to his village Amarali and cremated it.