JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of above said two Criminal Misc. petitions as they arise out of the same occurrence and FIR 113 dated 16.8.2006 registered at Police Station Mehna, for the offences under Sections 302, 201, 382 and 34 IPC.

(2.) THE FIR in the case has been registered on the statement of Harjinder Singh who has stated that his elder brother - Chand Kishan (deceased) was running an auto -rickshaw in Moga. On 4.3.2004, Chand Kishan left his house with his auto -rickshaw but when he did not return upto 10 p.m. then Harjinder Singh - complainant and his father - Banarsi Dass searched for him at the Bus Stand and near about the places of Bus Stand. However, he could not be found. Next day, Banarsi Dass gave a report at Police Station City -II regarding disappearance of Chand Kishan. Thereafter, on 6.3.2006, an unidentified body had been received at the Civil Hospital, Moga for post -mortem. The same was identified to be that of Chand Kishan. The complainant was informed that the cause of death would be determined after chemical examiner's report. The dead body was found from the fields of village Dala and his auto -rickshaw was found at the Haddan Rori of Dhoorkot Tahliwala. They could not believe the sudden death of Chand Kishan. Despite the receipt of chemical examinder's report, the complainant was not informed about the cause of death. The complainant, however, had been inquiring about the same. It came to his knowledge that on 4.3.2004, when his brother was standing at the Ludhiana - Kotkapura Bye -pass, Moga with his auto -rickshaw then one Kuldeep Singh (Petitioner) and Jaswant Singh @ Basanti (Petitioner) and Baldeep Singh @ Vicky (non -Petitioner) residents of Dala hired his auto -rickshaw for going to village Dala. These persons offered drinks to Chand Kishan and when they were going from Mehron to village Dala near the fields of Swaran Singh, they inflicted injuries to the deceased and gave him liquor having added some poisonous substance in it and killed him by strangulation with the rope which is used to start the auto -rickshaw. His body was thrown into a well and they took the auto -rickshaw and left in the Haddan Rori near Dhoorkot. It was confirmed, according to the complainant, that Kuldeep Singh, Jaswant Singh and Baldep Singh with the intention to take the auto -rickshaw had murdered Chand Kishan by strangulation by administering some poisonous substance in the liquor. Later, they threw the dead body into the well.

(3.) CONSEQUENTLY , the Petitioners, on their furnishing personal bond and surety each to the satisfaction of the learned CJM Moga, shall be admitted to bail.