JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Mohan Devi wife of Charan Dass was found lying fallen on the ground in the cattle shed and blood was oozing from her forehead, on 26th Nov. 1984 in Muktsar. Charan Das, her husband, after closing his shop came to his house at about 6.30 P.M. and on coming to know that his wife had gone to their outer house for milching the buffalo, he went to that outer-house after about 15 to 20 minutes and finding her in the above position he along with his neighbour Om Parkash removed her to the Civil Hospital, Muktsar in a rickshaw where the doctor found her to be dead. Smt. Mohan Devi was wearing gold ear-rings in her ears and the same were found missing and some assailant or assailants had removed the same. Nobody was suspected but suspicion was expressed to show that removal of her' ear-rings was the motive for causing the injury as a result of which she died.

(2.) After investigation of the case, the appellant was sent up for trial and on the basis of the statements of Dr. Sant Parkash Singh P.W. 1, Dalip Singh P.W. 2, Charan Das P.W. 3, Nirmla Rani P.W. 4, Jodh Singh P.W. 5, Jagir Singh P.W. 6, Kulwant Singh P.W. 7, Tara Singh P.W. 8 and Mukhtiar Singh S.I. P.W. 10, the appellant was found guilty of offences under Ss. 302 and 392 read with S. 397, Penal Code and was sentenced to life imprisonment for the offence under S. 302, Penal Code and to further undergo rigorous imprisonment for 7 years for offences under S. 392 read with S. 397, Penal Code. Both the sentences were made to run concurrently. The learned Sessions Judge has based her conclusions mainly on (1) disclosure statement Exhibit P.M. of the appellant in pursuance of which he got a pair of ear-rings recovered; (2) the recovered ear-rings were got identified from Jagir Singh a goldsmith, who had prepared the ear-rings at the instance of Charan Das for the deceased, in an identification parade held by Kulwant Singh, Municipal Commissioner and (3) A.S.I. Tara Singh P.W. 8 In charge Dog Squad reached there after receiving a telephonic message from the Police Station, City Muktsar and brought police dog 'Veena' there and after the dog had smelt of the scent of bahi, an iron rod, Exhibit P. 5 was recovered from a bedding lying in the room. The dog had pointed out the appellant from amongst other persons.

(3.) We have heard the learned counsel for the parties at a considerable length and have gone through the relevant record. The version given in the F.I.R. is quite simple and Charan Das P.W. 3 has not mentioned therein as to from whom he came to know about the deceased haying gone to the cattle-shed. He is also silent therein about the appellant having accompanied the deceased from his house to the cattle-shed. These two facts have been introduced during trial and the help of Nirmia Rani P.W. 4 has been taken in this respect. Smt. Nirmla Rani P.W. 4 has come forward to depose that her mother went to the outer-house to milch the buffalo along with the appellant at about 6.30 P.M. on the day of occurrence. The deceased, according to her, took bucket Exhibit P. 2 for the purpose and when her father came to the house from his shop and made an enquiry about her mother, she told him that she had gone to the outer-house for the said purpose. These two facts introduced in the evidence are definitely an improvement made with a view to connect the appellant with the crime and thus much reliance cannot be placed on this piece of evidence. The appellant was already in police custody when the dog squad was summoned, according to the statement made in cross-examination by Charan Das P.W. 3 and the statement of Tara Singh P.W. 8 shows that he reached the spot with the dog at about 12.10 A.M. during the night. Charan Das P.W. 3 specifically stated that the dog was made to smell a foot print found on the spot and preserved by the police.