DALJIT SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant appeal has been filed by Daljit Singh and Lakhbir Singh against the judgement rendered by the Additional Sessions Judge, Amritsar, in Sessions case No. 120 of 1997, decided on 18.2.1998, wherein the appellants have been held guilty of the murder of Karaj Singh, as also, against the order dated 18.2,1998 by which both the appellants - Daljit Singh and Lakhbir Singh have been sentenced to life imprisonment and to pay a fine of Rs. 2,000/ -each. In default of payment of fine, they have been ordered to further undergo rigorous imprisonment for a period of six months.

(2.) THE prosecution version of the incident is, that deceased - Karaj Singh was a milk vendor. He used to go daily from his residence at about 6 P.M. in the evening to village Kalas to collect milk from different houses and he used to return to his residence at about 9/10 P.M. after having collected the milk. Likewise, on 20.7.1996, he was alleged to have left his residence at about 6 P.M. for the purpose of collecting milk, but he did not return home till late in the night. His two sons, Tarsem Singh PW 1 and Jaspal Singh PW 11, are stated to have gone out to search for their father on foot. While they were proceeding from their residence to Village Kalas on a 'kacha' passage at about midnight, they found the body of their father Karaj Singh alongside the fields of Bhagwan Singh. Their father Karaj Singh had been murdered with a sharp edged weapon. He had been beheaded. His cycle and two milk drums were also found lying on the ground nearby. Tarsem Singh PW 1 left his brother Jaspal Singh PW 11 with the body of deceased -Karaj Singh and proceeded towards Village Kalas which is at a distance of about 3 furlongs from the place of occurrence. On reaching Village Kalas, he informed Amarjit Singh and Jagir Singh about the incident. Both Amarjit Singh and Jagir Singh accompanied Tarsem Singh PW 1 to the place of occurrence. After taking Sarpanch Sajjan Singh from his residence, they proceeded towards Police Station, Khem Karan to lodge their report. On their way, they met SI Anokh Singh PW 9, who recorded the statement of Tarsem Singh PW 1 at 5.50 AM. After having recorded his statement, SI Anokh Singh accompanied the complainant and the others with him, to the place of occurrence. A First Information Report bearing No. 36 was registered at Police Station, Khem Karan in police district Taran Tarn, on the intervening night of 20/21.7.1996 at 5.50 A.M. SI Anokh Singh PW 9 prepared the inquest report of the dead body of Karaj Singh on 21.7.1996 itself. The aforesaid report reveals, that two moulds of the footprints at the site of the incident were also taken. SI Anokh Singh PW 9 then sent the dead body of Karaj Singh for postmortem examination. The postmortem examination of the dead body of Karaj Singh was conducted by Dr. Sham Lal Gupta PW 5 on 21.7.1996 at 11.30 A.M. In the opinion of Dr. Sham Lal Gupta PW 5, the head neck had been separated from the trunk of the body, which was sufficient to cause death in the ordinary course of nature. He also opined, that the aforesaid injury was ante -mortem in nature and had been caused by a sharp edged weapon.

(3.) DURING the trial of the case, the prosecution examined Tarsem Singh son of deceased -Karaj Singh as PW 1. In his deposition, Tarsem Singh PW 1 re -affirmed the factual position expressed by him when he made the complaint of the occurrence to SI Anokh Singh PW 9 on 21.7.1996. Balbir Singh appeared as PW 2. Balbir Singh is a chance witness, who had met appellants -Daljit Singh and Lakhbir Singh armed with a sword alongside the fields of Bhagwan Singh on 20.7.1996, where the dead body of deceased - Karaj Singh was found beheaded at about 8.45 P.M. on the following day i.e. on 21.7.1996. He identified the two accused, Daljit Singh and Lakhbir Singh, who were present in the Court when his statement was recorded. Mehal Singh, Member Panchayat of Village Darajke appeared as PW 3, who deposed, that the accused/appellants - Daljit Singh and Lakhbir Singh had made an extra judicial confession to him and required him to help by producing them before the police. In his statement, Mehal Singh PW 3 affirmed, that the two accused/appellants - Daljit Singh and Lakhbir Singh had confessed to him that they had murdered Karaj Singh at Village Kalas. They informed him, that the police was searching for them and requested him to produce them before the police. The two appellants -Daljit Singh and Lakhbir Singh were, accordingly, handed over to SI Anokh Singh PW 9 by Mehal Singh PW 3 on 1.8.1996. In his cross -examination, Mehal Singh PW 3 asserted, that he used to visit Village Kalas in connection with his party functions. He claims to be a ''comrade '', and that, his association with Lakhbir Singh was on account of his party activities. The accused -Lakhbir Singh, according to the statement of Mehal Singh PW 3, used to arrange party meetings. Mehal Singh PW 3, however, claimed to have met accused/appellant -Daljit Singh for the first time on that date. The statement of Dr. Roshan Lal, Medical Officer PHC Khem Karan, was recorded as PW 4. Dr. Roshan Lal PW 4 proved the medico -legal report Ex. PB, as well as, pictorial diagram showing the seats of the injuries inflicted on the body of the deceased -Karaj Singh, Ex. PB/1. The statement of Dr. Sham Lal Gupta, Chief Medical Officer, Civil Hospital, Patti, who conducted the postmortem examination on the dead body of Karaj Singh on 21.7.1996, was recorded as PW 5. The statement of Amrit Kaur, wife of Karaj Singh, was recorded as PW 6. In her statement, she disclosed the motive for the accused/appellants to have committed the crime. As per the version of Amrit Kaur PW 6, about 4/5 months prior to the date of occurrence, some unidentified persons had allegedly beaten up the accused/appellant -Daljit Singh. The appellant - Daljit Singh suspected, that deceased -Karaj Singh had got him beaten up. Deceased -Karaj Singh had informed Amrit Kaur PW 6, 7/8 days prior to the date of occurrence, that the two accused/appellants Daljit Singh and Lakhbir Singh had met him and told him, that Daljit Singh had been got beaten by deceased -Karaj Singh, and that, her husband Karaj Singh had denied the aforesaid fact to the accused - Daljit Singh and Lakhbir Singh when they had confronted him with the said accusation. LC Puran Singh appeared as PW 7, and tendered into evidence his affidavit Ex. PE affirming the fact, that on 21.7.1996, the special reports relating to the case which had been handed over to him by MHC Surjit Singh, were further handed over by him to the higher authorities. Balbir Singh who appeared as PW 8 affirmed, that he had lifted shoe moulds of two feet, one of the left foot and the other of the right foot, from near the dead body. According to his cross - examination, the moulds had been lifted in the presence of a large number of persons belonging to Village Kalas. The statement of SI Anokh Singh, the Investigating Officer, was recorded as PW 9. His statement affirms, that Tarsem Singh PW 1 had made a complaint to him on 21.7.1996, and that, he had recorded his statement and obtained his signatures. He also affirmed having visited the spot and prepared the inquest report. His deposition affirms, that he required the preparation of the shoe moulds from the place of occurrence. SI Anokh Singh PW 9 corroborated the statement made by Mehal Singh PW 3, to the effect, that the two accused/appellants Daljit Singh and Lakhbir Singh had been brought to him by Mehal Singh PW 3, on 1.8.1996. SI Anokh Singh PW 9 also affirmed, that he had recovered a pair of shoes belonging to Lakhbir Singh and taken possession of the same vide memo Ex. PQ. The Investigating Officer also deposed, that during the course of interrogation, the accused/appellant - Lakhbir Singh had made a disclosure statement to him on 4.8.1996 to the effect, that he had hidden a sword in the house of the accused/appellant - Daljit Singh, resident of Village Kalas, under a heap of wheat chaff. After the disclosure statement Ex. PR, one blood stained 'kirpan' was recovered and taken into possession vide memo Ex. PJ. The statement of Rishi Ram, Draftsman, District Courts, Amritsar, was recorded as PW 10. He had prepared the scaled site plan Ex. PX. The statement of Jaspal Singh PW 11, the second son of the deceased - Karaj Singh was recorded as PW 11. He is a witness to the memo Ex. PJ, as well as, Ex. PR, referred to hereinabove. The statement of Head Constable Nirmal Singh was recorded as PW 12. He tendered into evidence his affidavit Ex. PY. The dead body of Karaj Singh was handed over to him for postmortem examination at the place of occurrence at 9 A.M. After having got the postmortem on the dead body of deceased - Karaj Singh conducted, Head Constable Nirmal Singh PW 12 had handed over the body of Karaj Singh to his heirs. The prosecution evidence was closed on 15.12.1997.