SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The three appellants stand convicted for an offence under Section 302 read with Section 34 of the Indian Penal Code on the following facts: On 25th March, 1992, Jarnail Singh P.W. 2 resident of village Rupaheri entered a Daily Diary Report No. 28 with the police that about two months prior to that date, the appellant Sukhdev Singh resident of village Togawal, who was his friend had purchased clothes worth Rs. 7600/- on credit through him from Sita Ram Bajaj of Dhun. A few days earlier, Sukhdev Singh appellant had also borrowed Rs. 4500/- from Chamkaur Singh son of Mohinder Singh; resident of village Saron. On 24th March, 1992, Jarnail Singh aforesaid alongwith Chamkaur Singh went to village Togawal on a scooter belonging to the letter and reached the house of Sukhdev Singh at about 11 AM to recover the money that was due from him. The three of them first took tea and, thereafter, Sukhdev Singh appellant arranged a bottle of country made liquor and they had a drink. As Jarnail SinghTs relative Balwinder Singh had to come from Bhatinda, he decided to return to his village but left Chamkaur Singh behind on the assurance that he would be dropped back to his village by Sukhdev Singh the appellant. Jarnail Singh, accordingly, left for his village at about 2.30 P.M. on the scooter belonging to Chamkaur Singh. As Balwinder Singh had since arrived at his house, they came to Sangrur and returned to the village at about 8 P.M. and on entering their house saw a jeep standing outside. Sukhdev Singh and his brother Rajinder Singh the appellants thereafter brought out Chamkaur Singh who appeared to be under the influence of liquor from the jeep and placed him in the bed room. On enquiry, Sukhdev Singh, informed Jarnail Singh that Chamkaur Singh was under the influence of liquor and his brother Rajinder Singh and the third appellant Nazar Singhthe driver of the jeep then had their dinner in the house of Jamal Singh and returned to their village at about 9 P.M. When early the next morning at about 6 AM. Jarnail Singh went to Chamkaur Singh to give him a cup of tea, he found that the latter was having difficulty in breathing. He, accordingly, informed Hardial Kaur-mother of Chamkaur Singh on telephone at village Saron and she arrived after a short time. Chamkaur Singh was then put in a car and taken to the hospital of Dr. Rai at Sangrur, who on seeing his condition recommended that he be taken to the Christian Medical College Hospital, Ludhiana. This too was done but when they reached the Christian Medical College, Hospital, they found that Chamkaur Singh had already died. The dead body was, accordingly, brought back to village Saron and after leaving Jaswant Singh near the dead body. Jamail Singh went to lodge the Daily Diary Report. Inspector Harbans Lal thereafter, visited the spot and prepared the inquest report and sent the dead body for postmortem. On 26th March, 1992 at about 11.30 AM., on receipt of the report. First Information Report Ex. PU was recorded on 27th March, 1992 at 8.40 AM. under Section 302 etc of the Indian Penal Code. The investigation of the case was, accordingly, taken up and certain recoveries were made. The police made efforts to arrest the accused and raided their houses, but they were not available button 16.4.1992, they were produced before the police by Nirmal Singh P.W. 4 before whom, they had confessed that they had caused the murder of Chamkaur Singh. The appellant Sukhdev Singh also suffered a disclosure statement Ex. PQ and pursuant thereto, a danda Ex. P 1 the alleged murder weapon was also recovered. The accused-appellants were, accordingly, charged under Section 302.

(2.) The prosecution in support of its case examined Dr. S.K. Bansal P.W. 1 who had conducted the post mortem on the dead body of the deceased, Jamail Singh complainant-P.W. 2, Sita Ram P.W. 3, the cloth merchant who had sold the clothes worth Rs. 7600/- to Sukhdev Singh-the appellant on the asking of Jarnail Singh, Nirmal Singh P.W. 4 who had produced the accused-appellants before the police and also before whom the accused had made their extra judicial confessions, P.W. 6 Hardial Kaur-the mother of the deceased Chamkaur Singh who corroborated the story given by Jarhail SinghP.W. 2 and the two Investigating Officers Bikran Singh-P.W. 8 and Harbans Lal- P.W. 9. Certain other pieces of formal evidence were also tendered in Court.

(3.) When examined under Section 313 of the Code of Criminal Procedure, the appellants denied the allegations against them and pleaded their false implication in the case. Sukhdev Singh and Rajinder Singh appellants pleaded that they had been taken into custody by the police on the morning of 26th March, 1992 in the presence of Rohi Singh and Surinder Kumar Member Panchayat and others of their village and had been detained illegally in various police stations including Ladda Kothi and their arrests had been falsely shown as having been made subsequently on 16.4.1992. PUNJAB Page 3 of 5 They also pleaded that various applications had been sent by their relations to the higher authorities on the administrative as well as judicial side. Four D.Ws. were produced by them including DW-1 Mukhtiar Singh who deposed that an application had been received from Rohi Singh regarding the illegal custody of the appellants. DW-2 Ajit Singh. Chadha who produced an application Ex. D2 dated 4.4.1992 purporting to have been sent by Rohi Singh son of Ganda Singh to the Chief Minister which was forwarded to the D.G.P. and report was called from SSP. Sangrur, DW-3 Swaranjit Kaur who produced on record a bail application dated 4th April, 1992 filed on behalf of the appellants before the Sessions Judge, Sangrur and DW-4 Rohi Singh brother of Sukhdev Singh and Rajinder Singh the appellants, who stated that he had sent the application mentioned above to various authorities pointing out that the appellants had been detained much prior to 16.4. 1992 as had been contended by the prosecution.