GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This case relates to the murder of Sukhcharan Singh son of Iqbal Singh, whose body was lying buried under the earth in the open fields was recovered on 7.3.1992, at the instance of Gurdip Singh accused for which four accused namely Manjit Singh, Raj Singh, Gurdip Singh and Jassa Singh were challaned by the SHO, Police Station Sadar, Faridkot, under Sections 302/34 read with Section 201 IPC. Accused Jassa Singh was declared Proclaimed Offender whereas the remaining three accused faced trial. On conclusion of the trial, the accused Raj Singh and Manjit Singh were acquitted whereas accused Gurdip Singh was convicted for the offence under Sections 302/34 read with Section 201 IPC. Consequently, he was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-. In default of payment of fine to further undergo rigorous imprisonment for two months under Section 302/34 IPC. He was further sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 200/-. In default of payment of fine to further undergo rigorous imprisonment for one month under Section 201 of IPC. Both the sentences were ordered to run concurrently.

(2.) The compendious facts which culminated into trial against the accused are that on the intervening night of 2/3.3.1992 Sukhcharan Singh had gone for irrigating his fields but did not return. His missing report was recorded by Iqbal Singh at Police Station Sardar, Faridkot on 5.3.1992 but his whereabouts could not be known up to 7.3.1992.

(3.) On 7.3.1992, when further enquiry was made by Inspector Darshan Singh from Iqbal Singh, he disclosed that from his secret enquiry he had come to know that Sukhcharan Singh was murdered by Gurdip Singh alias Sheera, Manjit Singh son of Ran Singh resident of village Lohke, P.S. Zira, Jassa Singh resident of Talwandi Nepalan and Raj Singh son of Balwant Singh. He further informed that they after killing Sukhcharan Singh had buried his dead body at some unknown place. On the aforesaid statement Ex.PC made by Iqbal Singh, case FIR No. 19 dated 7.3.1992 was registered at Police Station Sadar, Faridkot on 7.3.1992 at 9.15 AM. Consequently, the investigation was commenced. Inspector Darshan Singh after associating Mukhtiar Singh Lambardar, Darbara Singh Chowkidar conducted raid at the house of Raj Singh but he was not available. However, he arrested Gurdip Singh when he was returning from his fields along with cattle fodder. On interrogation of Gurdip Singh, he named three other accused and stated that they had committed the murder of Sukhcharan Singh and buried his dead body in the fields about which he knew and could get the same recovered. On the basis of the aforesaid disclosure statement Ex.PG made in the presence of Nachhattar Singh and Mukhtiar Singh, he took the police party to the fields of Balwant Singh and got recovered the dead body of Sukhcharan Singh from the disclosed place after removing some earth with Kassi. The accused also got recovered a pair of shoes from near the dead body. The Investigating Officer also took into possession the blood stained earth and simple earth from near the dead body and after converting the same into parcel took it into possession. He also prepared the inquest report of the dead body and he later on sent the dead body for post mortem examination. He also arrested the accused.