JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.09.2011 rendered by learned Addition Sessions Judge, Hoshiarpur, whereby, the appellant-accused Jatinder Singh @ Tota was held guilty for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'), whereas, regarding co-accused Raminder Singh @ Grewal, Manjit Singh @ Lali and Dilbagh @ Bagga, it was held that prosecution has failed to prove its case against them regarding destroying of evidence to save the offender from legal punishment. As such, they were acquitted of the charges framed against them under Section 201 IPC. Vide order of sentence of even date, appellantaccused Jatinder Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-. In case of default of payment of fine, to further undergo RI for 2 years.

(2.) Brief facts of the case are like this; that on 05.11.2007, SI Jatinderpal Singh, Additional SHO, Police Station Garhshankar, District Hoshiarpur, along with police officials were present in the area of village Binewal on patrolling duty. Darshan Lal, Sarpanch of village Haibowal, met him and got recorded his statement Ex.PC to the effect that on that very day i.e. on 05.11.2007, at about 1:00 P.M., residents of village informed him that a partly burnt dead body of a female was lying ahead about half kilometers from village Haibowal, on link road leading to main road, Anandpur Sahib. On reaching the aforesaid place, he found that a partly burnt dead body of a female was lying with face downwards, in a tied condition whose only left foot was secured and who was wearing a pajami of greenish blue colour. The dead body was lying in bushes near the road. Darshal Lal complainant expressed that an unknown persons after killing the aforesaid woman, tied her and brought her in an isolated area at night and burnt her. A plastic bottle was lying near the dead body. Darshan Lal left behind Manoj Kumar, Panch of the village, near the dead body at the spot and himself had gone to the police to inform about the aforesaid, when the police met him in the area of village Binewal, where FIR Ex.PC was got recorded.

(3.) On this statement of complainant, Investigating Officer Jatinderpal Singh, made his endorsement Ex.PC/1 and sent the same to police station Garhshankar for recording the FIR, whereupon, formal FIR Ex.PC/2 was recorded. Thereafter, Investigating Officer Jatinderpal Singh, visited the spot. Photographer, dog squad and Finger Print Expert were called at the spot. This incident was also reported to the Senior Police Officers, by the Investigating Officer of this case.