JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose off the above mentioned two appeals filed by appellants Jagtar Singh and Jagdev Singh wherein judgment dtd. 10/1/2005 passed by learned Sessions Judge, Faridkot is being assailed vide which both the appellants had been held guilty of having murdered Jaswinder Singh and have been sentenced as under:-

(2.) The FIR (Ex.P-33) was lodged on the statement/ruqa (Ex.P-32) of complainant Sonam Rani @ Seema on 15/11/2001 wherein she alleged that she had earlier been married to Rajesh @ Banty who was addicted to intoxicants, but since they could not pull-on together, they started residing separately and with the intervention of the Panchayat, it was settled that each of them would be at liberty to contract second marriage. The complainant stated that subsequently, she solemnized marriage with Jaswinder Singh (deceased). However, her previous husband Rajesh along with Karam Singh and two other persons came to the house of her in-laws and also to the shop of Lakhwinder Singh (elder brother of deceased) and issued threats to kidnap Jaswinder Singh and that they would not be allowed to live peacefully. Although, the complainant and others lodged their protest in this regard through their relatives, but Rajesh again threatened the complainant telephonically. It is alleged that Bittu who is a relative of complainant's earlier husband Rajesh being his 'jija' (brother-in-law) had also threatened her telephonically several times while stating that Jaswinder Singh would be killed and even his dead body would not be ever recovered. Although, the complainant and others again lodged protest through their relatives but to no avail. Complainant alleged that on 23/8/2001, when she along with her husband Jaswinder Singh were going towards Ferozepur, they were followed by Rajesh and his companions. On 13/9/2001, the complainant, as per routine had left home for selling clothes and he had taken moped of complainant's father-in-law, but he did not return though he usually returned home by 2:00 PM. Although, the complainant along with her relatives searched for her husband, but he could not be found. On 15/9/2001, when the complainant alongwith her father-in-law Harbhagwan Singh, her brother-in-law Lakhwinder Singh and Mulkh Raj were going in a jeep from village Buttar towards village Sangrahoor in search of her husband, they saw some persons having gathered near a bridge on water channel. When the complainant and her companions stopped there, they saw a dead body lying at the bridge which was found to be that of complainant's husband. The neck of the dead body had been strangulated with a piece of cloth (parna) and the dead body had been tied in a yellow coloured 'palli' (large piece of cloth). The complainant alleged that her husband had been murdered by Rajesh Kumar, Bittu and their companions.

(3.) Pursuant to lodging of the FIR, the police reached at the spot and took out the dead body from canal bed. Inquest proceedings were conducted and the dead body was sent for post mortem examination. A rough site plan of the place of recovery of dead body was prepared. It is further the case of prosecution that on 16/9/2003, SI Satwant Singh recorded statement of PW-5 Mukhtiar Singh who stated that on 15/2/2003 accused Jagdev Singh and Jagtar Singh came to him at Sadiq Chowk, Faridkot and had confessed their guilt before him while stating that they along with Daljit Kaur had murdered Jaswinder Singh and while requesting him that they be produced before the police, went away saying that they will meet him the next day, but they never came again.