LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the convicted accused Lal Singh against the judgement of conviction recorded by the Sessions Judge, Bhatinda, on 22nd March, 1995.

(2.) THE facts of the prosecution case that have led to the filing of the present appeal are as under : -

(3.) UTTAR Singh P.W.2's sister named Kartar Kaur alias Jasbir Kaur was married to Mohinder Singh, Suraj Singh since deceased was born out of this wedlock but had been adopted by Uttar Singh as his son and had thereafter started living with him. Later on, however, the deceased had started living at Mansa and had been married in village Khiwa Dialuwala to Mohinder Kaur alias Jaswant Kaur sister of Lal Singh appellant. On 17th February, 1992, Uttar singh aforesaid, his sister Kartar Kaur P.W.3, Darshan the brother of the deceased and the deceased himself went to village Samaon to the house of Harnam Singh, maternal uncle of Uttar Singh to condole with him on the death of his son -in -law and while they were there, Lal singh appellant and Bhola Singh since acquitted also arrived there and asked Surai Singh to sell his land situated at Mansa which was very valuable so that he could purchase more land in village Khiwa Dialuwala as the land in that village was available at a cheaper rate. The deceased, however, told them that this was not possible as the land at Mansa was in the name of his father. The two accused, however, prevailed upon the deceased to accompany them, whereas the other returned. to their homes. three or four days later, Darshan Singh went to Uttar Singh and told him that Suraj Singh had not returned to Mansa till then, on which the two went to village Khiwa Dialuwala and found that the two accused were also missing. A search for Suraj Singh at various places proved to be futile, with the result that a report was ultimately lodged on 22nd February, 1992 with the Police under Section 364 of Indian Penal Code and a police party accompanied by Uttar Singh and Darshan Singh then raided the house of Lal Singh and took him into custody and interrogated him in the presence of Head Constable Gurdev Singh and Darshan Singh on which the made a disclosure statement that the dead body of Suraj Singh was lying buried in his sugarcane field and could be got recovered at his instance. He, thereafter, led the police party to the said place and the recovery of the dead body was effected. After further investigation, both the accused were challaned for having committed offences punishable under Section 364/302/34 of the Indian Penal Code. As the accused pleaded not guilty, they were brought to trial.