PRITAM SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by the appellants, challenging the judgment and order dated 31.10.2003, passed by learned Additional Sessions Judge, Fast Track Court, Ferozepur, (hereinafter referred to as 'the trial Court'), thereby, convicting the accused-appellants, Pritam Singh and Veero @ Sukhbir Kaur @ Jasbir Kaur, under Section 306 of the Indian Penal Code (for short, 'the IPC') and sentencing them to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.1,000/- each or in default of payment of fine, to further undergo rigorous imprisonment for a period of nine months. Co-accused Kinder @ Kulwinder Kaur, was acquitted of the charges framed against her. At the very outset, it has been informed that appellant No.2, Veero @ Sukhbir Kaur @ Jasbir Kaur has since died on 10.12.2010. Accordingly, the appeal qua her abates. The brief facts of the case in hand, as recorded by the learned trial Court stand reflected in para No.2 of the impugned judgment, are being reproduced hereunder:-

(2.) In this background, challan was presented and upon committal of the case to the Court of Sessions, the learned trial Court charged the accused for commission of offence under Section 306 IPC.

(3.) In order to substantiate its case, the prosecution examined PW1 Dr. Pardeep Kumar Aggarwal; PW2 Krishan Pal, Draftsman; PW3 Sarwan Singh; PW4 Daljit Kaur; PW5 Sukha Singh; PW6 Chanan Singh; PW7 Dr. M.S. Tinna; PW8 ASI Gurdev Singh; PW9 ASI Sardul Singh; PW10 Mangat Singh; and PW11 Rajan Gupta. When examined under Section 313 Cr.P.C., the accusedappellants denied all the allegations of the prosecution case and pleaded false implication. It was stated that their son, Lakhbir Singh, who was a Head Constable in the Punjab Police, was kidnapped and killed by ASI Hans Raj and DSP Rajinder Kumar etc. They along with their daughter-in-law, the deceased, filed Habeas Corpus. The enquiry in the matter was entrusted to the District and Sessions Judge, Ferozepur by this Court. Upon receipt of the inquiry report, the investigation was handed over to the Central Bureau of Investigation, which presented challan against ASI Hans Raj and other police officials before the CBI Court, Patiala. Those police officials were pressurizing the appellants and other witnesses to compromise the matter. It was further pleaded that their daughter-in-law, Harjinder Kaur, since deceased, was happily staying with them along with her son. Harjinder Kaur had land measuring 8 kanals 12 marlas near abadi of Ferozepur Cantt. which came to her share after the death of her father. She transferred 19 marlas out of that land through sale deed to her brother Kuldeep Singh, without any consideration. Kuldeep Singh constructed MK Marriage Palace on the said land and thereafter he died. The complainant, Sarwan Singh and his wife, were insisting Harjinder Kaur, to transfer remaining land in their favour. On 05.12.2000, Sarwan Singh and Daljit Kaur had come to their house at about 4.00-5.00 PM and insisted the deceased, Harjinder Kaur to transfer the land in their name, due to which a quarrel arose among them. Pritam Singh, accused-appellant, went to Sarpanch Mehar Singh and Hardev Singh to inform and to bring them there.