PASHO BAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Is the chain of circumstances complete enough to lead to one and the only one hypothesis that the appellants are guilty of the crime for which they were charged, is a question that has been posed by them in these two separate appeals, one filed by Pasho Bai (Crl. Appeal No. 478-DB of 1994) and the other by Jagir Singh and Mohinder Singh (Cri Appeal No. 184-DB of 1995). Both the appeals arise from the order passed by the learned Sessions Judge, Ferozepur, dated October 21, 1994 convicting and sentencing the appellants herein. Whereas, Pasho Bai and Mohinder Singh appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each or in default of payment of fine to further undergo RI for six months each, under S. 302 read with S. 34 of the IPC, Jagir Singh appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rupees 500/-, or in default thereof, to further undergo RI for six months, under S. 302, IPC. All the appellants were also sentenced to undergo RI for a period of five years and pay a fine of Rs. 100/- each, or in default of payment of fine, to further undergo R.I. for one month each, under S. 201 read with S. 34, IPC. All the substantive sentences were, however, ordered to run concurrently.

(2.) Interestingly, the occurrence leading to death of Resham Singh was reported by none other than Pasho Bai appellant herein. In her statement made before ASI Anoop Singh, who could not be examined as he had died, she stated on November 22, 1992 at 2-40 a.m. that she was resident of village Chhoriwala Chisti and about five years ago, she was married to Resham Singh son of Bagga Singh. Her daughter was about two years old. About 20-22 days ago, she, her husband Resham Singh, brother of her father-in-law Makhan Singh with his family, her Jathani (wife of elder brother of her husband) Rani widow of Fauja Singh and other persons of the village had gone to village Ramkot for picking the cotton. They were picking the cotton of Sohan Ghumar Bagri and were residing at the Dhani (house built in the field) of aforesaid Sohan. At about 8-30 p.m., she along with her husband Resham Singh, after purchasing wheat flour from village Ramkot on cycle, was going on foot towards the Dhani of Sohan. When they went 15-20 killas away from the village, then four persons met them while coming from the opposite direction, who had wrapped blankets around them. They were wearing shirts and trousers of earthen colour and were aged about 20 to 25 years and appeared to be quite young persons. She further stated that she could identify them if they are brought before her. They asked them to stop. Her husband was having a torch in his hand. He flashed the torch and asked as to who they were. When hardly he had uttered those words, two persons, out of them, caught hold of her and dragged her towards the cotton field. Her husband stepped forward to rescue her after throwing the cycle but the remaining two persons caught hold of him. While raising hue and cry, she tried to rescue herself whereas her husband was also trying to get himself freed from those two persons with a view to come towards her. Then those two persons, who had caught hold of her, set her free and rushed towards her husband. She further stated that within her sight, they lifted her husband and took him in the cotton field. She after being rescued, reached the Dhani of Sohan under the cover of darkness and narrated the whole incident to Jagir Singh son of Lachhman Singh who had also come along with them for picking the cotton. She and Jagir Singh reached village Ramkot for giving information to Sohan about the incident but none woke up despite their knocking at the door repeatedly. They then informed Kapur Singh Jat about the occurrence, who advised them to lodge the report at the police post Bodhiwala. They kept on searching Resham Singh in the surrounding cotton crop fields but they could not trace him and those four persons. She also stated that she had suspicion that those four persons had taken her husband Resham Singh some where with an intention to kill him. She along with Jagir Singh came to the police post and lodged the report.

(3.) The record reveals that whereas the occurrence leading to death of Resham Singh took place on November 21, 1992 at 8-30 p.m. Pasho Bai reported the matter at 2-40 a.m. on November 22, 1992, on the basis of which formal FIR, Ex. PJ came into being at 3-50 a.m. Police Station Bodhiwala where Pasho Bai got her statement recorded, is stated to be 24 Kms. from the place of occurrence. The special report with regard to incident reached the concerned Magistrate at Ferozepur on November 22, 1992 at 3 p.m.