BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As in every case based upon circumstantial evidence, so also in this the only moot question is as to whether the chain of circumstances is complete to lead to the only hypothesis that the appellant Bhagwan Singh had murdered Surinder Kaur for which he was charged and after resultant trial convicted by the learned Sessions Judge, Ferozepur vide judgment dated 23rd of April, 1993. Whereas Bhagwan Singh through criminal appeal bearing No. 144-DB of 1993 filed by him seeks setting aside of the order of conviction and sentence passed against him by the learned Sessions Judge. Piara Singh, the husband of Surinder Kaur through separate Criminal Revision bearing No. 311 of 1993 filed by him seek enhancement of sentence imposed upon Bhagwan Singh. Brief resume of facts leading to the death of Surinder kaur needs unnecessary mention.

(2.) On the statement of Piara Singh, PW-3, Joginder Kumar Inspector PW-8 recorded the F.I.R. at 3.20 p.m. on 30th of August, 1990. Piara Singh stated that on 30th of August, 1990 at about 7.00 a.m. he along with his brothers Jit Singh and Bhajan Singh had gone to the fields after taking their cattle from the village. At about 9.00 a.m. his wife Surinder Kaur had brought their meals in the fields and after serving the same, she returned to the house after about an hour. When at about 12 noon, he went to his house from the fields for taking tea for his brother, his mother Vidya told him that Surinder Kaur had not yet returned from the fields. Thereupon, he told his mother that after serving meals, Surinder Kaur had already returned two hours before. On hearing the reply of his mother that Surinder Kaur had not returned to the house, he went back to their fields in search of his wife. He took his brothers Jit Singh and Bhajan Singh along with him. While searching for her, they reached near the paddy fields of Shingara Singh son of Jetha Singh which, falls in the way to his fields, he noticed trampled paddy towards the northern side of the path. On suspicion he along with his brothers went 5/7 karmas in the paddy crop from the passage and saw the deadbody of his wife Surinder Kaur lying there having bluish contusion on her neck. It appeared to him and others accompanying him that somebody had strangulated Surinder kaur. The gold rings which she was wearing in her ears were also missing. The deadbody of Surinder Kaur was lifted and brought to the house. Some unknown person had stragulated his wife to death and also removed gold earrings from her ears. After leaving his brothers Bhajan Singh and Jit Singh near the dead body, he came to the police station along with Nihal Singh, Sarpanch of the village to lodge a report. The police station is stated to be four miles away from the village where the occurrence took place. The statement was recorded as mentioned above by Instatement was recorded as mentioned above by Inspector Joginder Kumar.

(3.) From the facts as mentioned above, it appears that the occurrence leading, to the death of Surinder Kaur had taken place at about 10/11 a.m. on 30th of August, 1990 in village Shahdeenwala and the incident was reported to the police at 3.20 p.m. on the same very date. The special report with regard to the incident reached the Magistrate at Ferozepur which was so taken by Constable Chamkaur Singh at 8.30 p.m. again on 30th of August, 1990 itself.