CHUHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Chuhar Singh, even though charged for double murder inclusive of his own daughter, appears to us to have been convicted only on conjectures and surmises and not on the basis of evidence that was led by the Prosecution. Vide order of conviction and sentence recorded by the learned Sessions Judge, Patiala, dated October 6, 1994 he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, or in default of payment of fine, to further undergo R.I. for a period of one year, under Section 302 of the Indian Penal Code.

(2.) THE occurrence leading to death of Karamjit Singh son of Dhanna Singh and Ranjit Kaur daughter of the appellant, was reported by Dhanna Singh. His statement was recorded by Manjit Singh, SI, on the basis of which formal FIR came into being at 10.30 a.m. on September 27, 1993. The occurrence took place at 10.30 a.m. on the intervening night of September 26-27, 1993 at village Banera Kalan, stated to be at a distance of six kms. from the Police Station Sadar Nabha. The special report with regard to incident reached the concerned Magistrate at Nabha at 12.30 p.m. on September 27, 1993. Dhanna Singh stated before SI Manjit Singh that he was resident of village Banera Kalan and was engated in labour work. He had five sons and two daughters. His one son, Karamjit Singh, aged 20-21 years, was studying at Patiala and used to return to village daily. That night, as usual, he after taking meals with his family, went to sleep. His son Karamjit Singh slept on the roof. In the morning he woke up and saw that Karamjit Singh was not present on his cot. He thought that he might have gone out but when he did not return home uptil 8-8O'clock, he enquired from his friends but he did not find him anywhere. Then he became somewhat worried as to where the boy had gone. He along with his elder son, Hakam Singh started making search of Karamjit Singh. He came to know from the village that his son Karamjit Singh way lying murdered in the house of Chuhar Singh son of Kartar Singh, appellant herein. Thereupon, he went to the house of Chuhar Singh and saw that the dead bodies of Karamjit Singh and Ranjit Kaur @ Middi daughter of Chuhar Singh were lying smeared with blood in outer Baithak (drawing room) of Chuhar Singh. Injuries had been caused on their persons with sharp edged weapon. Chuhar Singh was not present at his house. The cause of grudge was that his son Karamjit Singh had illicit relations with Ranjit Kaur, daughter of the appellant. His son went near Ranjit Kaur at the house of Chuhar Singh at night and Chuhar Singh on seeing both of them lying in compromising condition in the room, murdered them by causing injuries with some sharp edged weapon. After leaving his son Hakam Singh at the spot, he along with Sarpanch Major Singh was going to the Police Station to lodge the report that SI Manjit Singh met him.

(3.) THE appellant, who was aged 73 years on the relevant date, when examined under Section 313 Cr.P.C. besides denying the incriminating material put to him, further stated that he was innocent. He along with his sons Karamjit Singh and Jit Singh, aged 22 and 20 years respectively and his wife was residing in his house in the village. On the intervening night of September 26-27, 1993 he slept at his tubewell in order to guard his electric motor, pumping set and other expensive agricultural equipments. On the morning of September 27, 1993 when he returned to his house, so many people including Karnail Singh Lamberdar and Ranjit Singh, Ex. Sarpanch were present in the Guhiras in the shamilat deh land. On reaching there, he saw the dead bodies of his daughter Ranjit Kaur and Karamjit Singh. He informed the police. Police came to his village at about 8 a.m. and took away the dead bodies in a tractor trolley to the police station and he was detained by the police same day and his arrest was fabricated subsequently. He further stated that he had been falsely implicated in this case.