JASWINDER SINGH @ JASSI @ BURA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.02.2011 rendered by learned Additional Sessions Judge, Hoshiarpur, whereby, appellant-accused Jaswinder Singh @ Jassi @ Bura, was held guilty for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, he was sentenced to undergo RI for life and to pay a fine of Rs. 10,000/- with default clause.

(2.) Brief facts of the prosecution case is like this: that on the statement (Ex.PA) of Simarjit Kaur, this case was registered. She stated before the police that she is a teacher. On 28.01.2007, at about 12:00 noon, appellant-Jaswinder Singh took Avtar Singh (deceased) from her house saying that he had some work at Police Station Tanda. Both of them left on a scooter. During the intervening night of 28/29-01-2007, when she was asleep in her house, her husband Avtar Singh came home and left the house by saying that he was going with Jaswinder Singh on account of some urgent work. On 30.01.2007, Jaswinder Singh (accused) came back to her house. On the asking of complainant, Jaswinder Singh told her that under the influence of heavy liquor, he and Avtar Singh were separated in the morning. Complainant searched for her husband for a few days but could not trace him out. On 06.02.2007, she made report (Ex.DA) to the police of Police Station Bullowal regarding missing of her husband.

(3.) On 15.02.2007, Kamaljit Singh, who is complainant's bhuaa son, received a phone call on his mobile phone from mobile phone No. 98157-25243. The caller told him that the missing located from Ludhiana within 1 or 2 days. He further asked Kamaljit Singh to contact on telephone number 98155-74327. Kamaljit Singh made a telephonic call from land line telephone number 240269 to the aforesaid number. Somebody impersonating himself as Avtar Singh said that they had come to pay obeisance at Nikiwala Lela. Kamaljit Singh, replied that they are coming. Thereafter, the aforesaid caller told that they were coming to him within 1 to 11/2 hours. After waiting for long when Kamaljit Singh again made telephonic call about 3:00/4:00 P.M. on the aforesaid mobile phone, the abovesaid caller attended the call and made inquiry about missing Avtar Singh. This aforesaid caller backed out from his previous talk and handed over the mobile to somebody who told Kamaljit Singh that he had made a call on wrong number. Thereafter, the aforesaid caller asked him that he does not know him and then disconnecting the mobile phone. Under these circumstances, Kamaljit Singh, complainant and his relatives were confident that Jaswinder Singh in connivance with Balwinder Singh and his other friends kidnapped her husband and confined him at some place with an intention to kill him. Prayer for tracing of her husband was made. On the basis of this statement of Simarjit Kaur, formal FIR was registered as Ex.PN/1 under Sections 364,365,344/34 IPC. Statements of witnesses were recorded. On the next day, supplementary statement of Simarjit Kaur was recorded regarding illicit relations of Avtar Singh (deceased) with the mother of accused-Jaswinder Singh. On 28.02.207, SI Sukhpal Singh, received secret information regarding presence of accused Jaswinder Singh at Bus-Stand, Bhunga.