AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 699-DB of 2004 preferred by Avtar Singh and Dilbagh Singh as well as Criminal Appeal No. 700-DB of 2004 filed by Pargat Singh directed against the judgment/order of sentence dated 19th July, 2004 rendered by the Court of Additional Sessions Judge (Adhoc), Amritsar, whereby he convicted and sentenced Avtar Singh, Pargat Singh and Dilbagh Singh-accused/appellants to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 2,000/- each under Section 376(g) of IPC and further sentenced each of them to undergo life imprisonment and to pay fine of Rs. 5,000/- each or in default thereof the defaulter to further undergo rigorous imprisonment for 6 months under Section 302/34 of IPC with a further direction that the sentences shall run concurrently.

(2.) THE facts giving rise to this occurrence are that on 3rd February, 2001, Manjinder Kaur, her brother Yadvinder Singh and their other brother and sister and their mother Jagdish Kaur were present at their house. At about 6.00 P.M., accused Avtar Singh and Pargat Singh came there. At that time, Tarlok Singh, husband of Jagdish Kaur was present at the house of Jarnail Singh of his village in connection with the marriage of his ( Jarnail Singh) daughter. Accused Avtar Singh inquired from Manjinder Kaur and others about Tarlok Singh. Jagdish Kaur asked from them as to what they were to say to him. Pargat Singh told her that they had some work with Tarlok Singh and they went back. At about 7.00 P.M., Tarlok Singh came to his house. He was informed about the visit of Avtar Singh as well as Pargat Singh to the house. Tarlok Singh told his wife and other members that both the accused were with him at the house of Jarnail Singh in connection with the marriage. Thereafter, Tarlok Singh went to sleep. Manjinder Kaur, her other sister, her brother and Jagdish Kaur were sitting at the house while watching Television when at about 10.30 P.M.,Avtar Singh, Pargat Singh and Dilbagh Singh accused came there. Jagdish Kaur protested saying that they had no business to come there at that time and she was not to listen to them. Then all the three accused pounced upon her, pushed her and placed hand on her mouth and dragged her to take her out. At the same time, accused threatened to kill Manjinder Kaur and others in case of their making noise. Out of fear, they did not raise noise and remained sitting inside the house. They tried in vain to wake up Tarlok Singh. On the next morning, when Tarlok Singh woke up and gained consciousness, Manjinder Kaur and Yadvinder Singh narrated the occurrence to him. They all tried to make search to find out Jagdish Kaur. They found her dead body lying in the nearby fields. The head of the deceased was found completely smashed, which was lying there. They suspected that after committing rape, she was murdered. They called Gurmej Singh, Ex-Sarpanch of the Village, who is also the brother of Tarlok Singh. Leaving Tarlok Singh at the place of occurrence, Manjinder Kaur, accompanied by Gurmej Singh, was going to the Police Station, when on the way at the Bus Adda of Gobindgarh Manochahal Khurd, SI Baldev Singh, PW-10 met them. He recorded the statement of Manjinder Kaur and made his endorsement thereunder and sent the same to the Police Station, where FIR was recorded. He accompanied by Manjit Kaur and other officials went to the place of occurrence. He prepared the inquest report on the dead body of Jagdish Kaur and despatched the dead body for postmortem examination along with a request. He lifted the blood stained earth from the scene of crime and turned the same into a sealed parcel. He took the same into possession. He prepared the rough site-plan showing the place of occurrence. He seized 4 bricks, broken pieces of bangles and one Salwar. On return to the Police Station, he deposited the case property with MHC with seals intact. He also seized clothes of the deceased which were produced before him after post-mortem examination. After completion of investigation, the charge-sheet was laid in the Court of Ilaqa Magistrate.

(3.) IN order to substantiate its allegations, prosecution has examined Dr. Tejwant singh, PW-1, HC Baljinder Singh, PW-2, HC Gurdial Singh, PW-3, Constable Baljit Singh, PW-4, HC Janak Raj, PW-5, Manjinder Kaur, PW-6, Constable Sukhwinder Raj, PW-7, Dr. Harpoonam Manku, PW-8, Inspector Joginder Singh, PW-9, Inspector Hardev Singh, PW-10, Rishi Ram Draftsman, PW-11 and Yadwinder Singh, PW-12.