TARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal Nos.251-DB of 2003, 396-DB of 2003 and 451-DB of 2003 have been filed against the same judgment/order. We shall be deciding all the appeals by a common judgment. Additional Sessions Judge (Adhoc) Patiala convicted Jiwan lal, Ashok Kumar and Taranjit Singh for offence under Sections 302/34 and sentenced them to undergo life imprisonment and to pay a fine of Rs.2000/- each respectively. In default of payment of fine, to undergo further RI for two months each.

(2.) The case of the prosecution is unfolded by the statement ex. PW10/a of Sanjiv Kumar. Sanjiv Kumar stated that he has one brother and two sisters. His sister Gita Rani was married with Jiwan Lal son of sham Lal about five years back. Out of this wedlock, two daughters were born. Jiwan Lal had another brother by the name of Tarsem Lal. Both the brothers lived jointly. Tarsem Lal was unmarried. Both of them were running Readymade Garments shop. Sanjiv Kumar's brother-in-law jiwan lal had a doubt that his wife Gita Rani had illicit relations with his brother tarsem Lal. Due to this reason, both husband and wife used to quarrel with each other. Jiwan Lal used to beat Gita Rani. Gita Rani narrated this occurrence to her brothers and sister. Sanjiv Kumar visited the house of his brother-in-law Jiwan Lal and tried to pacify him. On 13.8.1999 Sanjiv kumar received a telephonic message from his brother-in-law Jiwan lal at about noon, that he should take away Gita Rani, otherwise she would be killed by him. Sanjiv Kumar along with Kewal Krishan son of Farangi lal left for Patiala, when they reached near Pasiana bridge of Bhakhra canal at about 4.30 P. M. he saw his sister Gita Rani and his brother-in-law jiwan lal along with his brother Tarsem Lal and his friend Tejinder Singh alias happy and Ashok Kumar resident of Purani Kotwali Chowk Bhidian wali street, standing on one side and were quarreling with each other. A fiat Car of white colour bearing No. PJV/30 was parked nearby. As soon as sanjiv kumar tried to stop the scooter to see them, all of them got surprised on seeing Sanjiv Kumar. Jiwan Lal then told his friends Happy and ashok to put Tarsem Lal and Gita Rani in the car and thereafter they fled away. They went towards Samana. Sanjiv Kumar and Kewal Krishan chased them for some distance but could not catch them and they came back to sherpur to get more persons. Thereafter Sanjiv Kumar came back to his house and told the occurrence to his family members. Thereafter he along with some other persons went to the house of his brother-in-law Jiwan Lal and saw his house locked. He along with others searched for Gita Rani and Tarsem Lal, but in vain. Sanjiv Kumar had suspicion that his brother-in-law Jiwan Lal had kidnapped his sister Gita Rani and her Devar Tarsem Lal, with the help of his friend Tejinder Singh alias Happy and Ashok Kumar, with the intention to kill them. This statement was recorded by Sukhchain Singh si/sho police Station Sadar, Patiala. On the basis of this statement, FIR ex. PA was recorded. Special report reached the ACJM Patiala on 15.8.1999 at 2 p. M. Prosecution to prove its case has brought into the witness box dr. O. P. Aggarwal as PW1, Mohd. Sadiq as PW2, Ayub Masih as pw3, indresh Khanna as PW4, Sanjiv Kumar as PW5, CII Devinder Singh as pw6, Bhag Singh as PW7, MHC Kuldeep Singh as PW8, HC Tej singh as pw9, Harminder Singh as PW10, C. Kulwant Singh as PW11, Jagrup singh as PW12, Harinder Pal Singh as PW13, Kewal Krishan Goel as pw14, vijay Kumar as PW15, Krishan Chand as PW16, DSP Gurchain singh as pw17, Inspector Uttam Singh as PW18 and K. S. Sullar, JMIC, anandpur sahib as PW19.

(3.) Learned counsel for the appellants has argued that the testimony of both Sanjiv Kumar PW5 and Kewal Krishan Goel PW14 qua the last seen evidence cannot be believed. They have stated that they left village Sherpur on 13.8.1999. When they reached near village pasiana at the bridge of Bhakhra canal, they saw that appellants Jiwan Lal, ashok kumar and Taranjit Singh were standing there. Deceased Tarsem Lal and gita Rani were also standing next to them and were grappling with the appellants. Appellants on seeing Sanjiv Kumar PW5 and Kewal krishan goel PW14 pushed Tarsem Lal and Gita Rani into a Fiat Car and drove away. It has come in the evidence of Sanjiv Kumar PW5 that he along with Kewal Krishan Goel PW14 were going to the house of jiwan Lal from where a telephonic message had come for him to take his sister gita rani away or she would be killed. It is strange that when both these witnesses saw that the appellants were grappling with Tarsem Lal and Gita rani, their natural behaviour should have been, to go to the police station to inform the police about the occurrence, which had taken place in front of them, on the bridge of Bhakhra canal. Instead Sanjiv Kumar PW5, the brother of deceased Gita Rani kept quiet for three days i. e. on 13.8.1999, 14.8.1999 and it is on 15.8.1999 at 8.25 A. M. that he lodged the FIR ex. PW10/a at Police Station Sadar Patiala, about the missing of his sister gita Rani and her brother-in-law Tarsem Lal. The Investigating officer SI gurchain Singh PW17, has stated in his testimony that the bridge of bhakhra Canal at village Pasiana is a very busy place. There is a police post there. There are Dhabas and Rehris also on the side of the bridge.