JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JIT Singh and his servant Mohinder Singh appellants, stand convicted and sentenced to life imprisonment and a fine of Rs. 500/- each under section 302/34, Indian Penal Code. They were also convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each under section 201, Indian Penal Code. Both the substantive sentences were, however, order to run concurrently.

(2.) THE prosecution case, shortly put, is that on 10th January, 1985, Balbir Singh (P.W. 2), brother of Darshan Singh (deceased) accompanied by another Balbir Singh son of Bakhtawar Singh of his village (i.e.village Lasara) was returning home after a round fields and noticed Darshan Singh, and the two accused - Jeet Singh and Mohinder Singh, taking drinks near the Focal point of village Lasara. Balbir Singh (P.W. 2) asked the deceased to accompany him to the house, whereupon the latter said that the would be returning later on. In their presence, the deceased and the two accused proceeded from that place towards the well of Jeet Singh. When during the night the deceased did not return, Balbir Singh (P.W. 2) went to enquire about him from Jeet Singh on the next day. Jeet Singh, accused told him that the deceased had left the well that very night for the village, Balbir Singh (P.W. 2) then talked to Rattan Chand, Member Panchayat (P.W. 4), who advised the former to search for the deceased amongst the relations and in case he was not found anywhere, then he should report the matter to the police. When the search for the deceased at the place of relations and else-where was of no avail, Balbir Singh P.W. 2) proceeded to lodge the first information report, when Assistant Sub-Inspector Gopal Singh (P.W. 11) met him at bus-stand of village Lasara. He made a statement (Exhibit PE) before him on 16th January, 1986, at 5 p.m. on the basis of which formal FIR. (Exhibit P.E./2) was reduced into writing under section 364, Indian Penal Code. The Special Report thereof was sent to the IIaqa Magistrate, at Phillaur, at 7.30 p.m. on the 16th of January, 1985.

(3.) ON 20th January, 1985 Baldev Singh (P.W. 10) further interrogated the accused and in pursuance of disclosure statements, Jeet Singh, accused, got recovered Kirpan (Exhibit P-1) and Mohinder Singh, accused, got recovered cycle (Exhibit P-2).