BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DURING the intervening night of 10th and 11th June. 1981 theft took place in the house of Zora Singh s/o Kartar Singh Jat of village Labhana Toku when he was sleeping in the chaubara thereof along with his children, after locking the door of the house. When in the early hours of the morning his wife Smt. Jagir Kaur got up and went towards the door it was found to be lying open with its lock broken. Her daughter Smt. Mohinder Kaur and her son Norang Singh stepped down and when they went inside the room they found the lock of the petti (box) containing clothes, articles and ornaments lying broken. The articles included kanta (golden), one pair of bangles (golden), one chain (golden) (belonging to the daughter of the complainant), one klip (golden), one tikka (golden), one golden kanta and one golden ring (belonging to Mohinder Kaur daughter of the complainant), two bangles (older,) ore necklace (golden), one pair of earrings (golden), one ring (golden), one kara (golden) belonging to Gurdial Kaur wife of the son of the complainant) besides clothes and one watch (H. M. T.), which was given to Gurjant Singh in his marriage. Report Exhibit P.A. was lodged and it was recorded by A.S.I. Gurbinder Singh (who has since expired) with an endorsement Exhibit P.A. 1. This formed the basis of F.I.R. Exhibit P A/2 recorded by M.H.C. Piara Lal. Spot was inspected and a seizure memo, Exhibit PC was prepared in token of taking into possession of some articles. Site plan Exhibit P.A, was prepared.

(2.) DURING investigation, Babu Singh petitioner was arrested on 22nd February, 1982 by Harjindarjit Singh, S.I. P.W. 4. On being interrogated by P.W. 4 Harinderjit Singh in the presence of one Zail Singh, Sarpanch and A.S.I. Bant Singh, the petitioner suffered a disclosure statement that he had kept concealed two gold necklaces, one pair or earrings (golden), one pair of silver chain one Tikka gold, one ring gold and some clothes and packed the same in a gathri (bundle) and placed the same under the turi in his house. This statement was recorded as Exhibit P.B. and in pursuance of this statement ornaments Exhibit P. 1, P. 2, P 3 and P. 4 were got recovered by the petitioner and taken into possession in a sealed parcel vide memo. Exhibit P.C. P W. 4 further stated that he got the ornaments identified from P.Ws. 5 and 6 Dosu and Jit goldsmiths after asking Sucha Singh Sarpanch for arranging identification parade, wherein Zora Singh and his daughter-in-law Gurdial Kaur also identified the ornaments.

(3.) LEARNED counsel for the petitioner in challenging the conviction and sentence imposed on the petitioner has argued that the identity of the articles stolen is not established with the ornaments recovered. To support his argument, he has referred to the statements of Sucha Singh Sarpanch, P.W.1 who conducted the identification parade. I have been taken through the statement of Sucha Singh P.W. 3 and I find that he has nowhere said in his statement that the ornaments recovered and exhibited were identified before him by the witnesses. Moreover he has not named Des Raj P.W.5 and Jit Singh P.W. 6 as the persons who were called were him for identification of the ornaments or that these two witnesses identified the ornaments in his presence.