SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment dated 13.03.2004, passed by learned Additional Sessions Judge, (Adhoc), Patiala, in Sessions Case No. 7T/FTC/4.7.03/29.11.03, holding accused/appellants guilty of offence under Section 460 IPC, and sentencing them each to imprisonment for life with a fine of Rs. 500/- in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) AS per statement of the complainant given to the police, on the date of occurrence on 26.01.2002, complainant (PW6) had come back home at about 6.00 PM from his petrol pump with cash. On the next day morning (9.00 AM on 27.01.2002), when he went to petrol pump on duty, he saw that the glass of the gate of show-room was lying broken and inside the petrol pump station, were lying employees Ranjit Singh and Surinder Kumar with injuries received from some sharp-edged weapons on their heads. The drawers of the table were broken and the papers were scattered. The telephone wire was found to be cut and the cash amount kept in the drawers was missing. Heads of both the deceased namely Ranjit Singh and Surinder Kumar were badly injured and crushed. The petrol pump had been taken on lease and construction of building was still going. Four to five labourers were employed on daily wages for construction purpose and out of those labourers, the accused two boys used to reside in the Gajewas Colony in front of the petrol pump. They usually used to sit late in the night. From their appearance, they looked to be irresponsible persons. The complainant was observing their activities with suspicion for the past 2/4 days that they might cause some loss to him. He was thus confident that they alone have committed the offence for they had not turned up for work on that day and prior to that, they used to reach at 8/8.15 AM on the work. He prayed for action against them namely Sucha Singh and Rajwinder Singh. The statement was read out to the complainant and having found it to be correct, he signed it. The statement of complainant Amar Nath, which was reduced to writing as per Ex.PJ by Inspector Sewa Singh (PW12), was sent to Police Station for recording a formal F.I.R. Accordingly, F.I.R. (Ex.PW 12B) was recorded and a case was registered. During the course of investigation, the Investigating Officer, i.e., Inspector Sewa Singh called a photographer for taking photographs of place of occurrence and the dead bodies. He also prepared Inquest Reports of the dead bodies vide PW11/A in respect of deceased Ranjit Singh and PW11/B in the case of Surinder Kumar. He also recorded the statements of Jaswinder Singh and Jasbir Singh under Section 161 Cr.P.C. A Finger Print Expert was called and a Dog Squad was summoned from Sangrur. Constable Mukhtiar Singh (PW9) was incharge of the dog squad. Vide written requests (Ex.PW 10/A and Ex.PW 10/B), postmortems of the dead bodies were conducted. Head Constable Babu Ram had accompanied the dead bodies. The Investigating Officer lifted and collected incriminating materials like blood fat tissues along with pieces of skull, from the scene of occurrence and put them into a plastic jar and made them into a parcel. After putting his seal with impression 'SS', the parcel jar (MO/1) was taken into possession vide memo (Ex.PK). Broken pieces of glass, stained with blood, were lifted from the scene of occurrence and sealed into a separate plastic jar. The Investigating Officer put his seal impression 'SS' and took it into possession vide memo (Ex.PL). Yet another incriminating material one broken table with drawer, was also taken into possession vide memo (Ex.PM). One blood stained chappal was lifted from the scene of occurrence; put into a parcel, and taken into possession vide memo (Ex.PN). One pair of chappal and shoe were also taken into possession vide memo (Ex.PO). Two blood stained pillows were put into a parcel vide (Ex.MO1), and taken into possession vide memo (Ex.PP). All the memos were attested by SI Wirsa Singh (PW7) and Amar Nath (PW6). A rough site plan of place of occurrence was prepared vide memo (Ex.PW 12/C). A Dog Squad called to track down the accused under supervision of Constable Mukhtiar Singh (PW9), led police party to the house of accused Rajwinder Singh. The dog reached a place near bathroom where some concretes were lying and started barking. The police recovered an amount of Rs. 895/- from that place and took it into possession vide recovery memo (Ex.PW12/D). The Investigating Officer constituted a separate police team and started search of the accused. When he reached the area within revenue limits of Talwandi Malik, both the accused were noticed coming to their houses. Amar Nath (PW6) identified them as Sucha Singh and Rajwinder Singh and they were taken in custody. Incriminating articles relating to the deceased, which were handed over by doctor after postmortem, vide memo (Ex.PW11/C), were deposited as case property with MHC on 28.01.2002. On 28.1.2002, Inspector Sewa Singh (PW-12) was away on duty to High Court. Hence, SI Wasa Singh (PW-7) interrogated accused Rajwinder Singh who suffered a disclosure statement (Ex.PF) regarding concealment of his sweater stained with blood which, as per prosecution, he was wearing at the time of occurrence. The statement was thumb marked by him and attested by ASI Gurmail Singh (PW-4) and one Kulwinder Singh. Rajwinder Singh led the police party to a place exclusively within his knowledge wherefrom his blood stained sweater was recovered. It was put into a parcel, sealed and seized vide Ex.PF/1. The recovery memo was attested by the aforesaid witnesses.

(3.) PW -7 also prepared rough site plans of the places of recoveries (Ex.PF/2 and Ex.PG/2) in respect of accused Rajwinder Singh and Sucha Singh respectively. He also recorded the statements of witnesses and on reaching the Police Station, deposited the case property with MHC. On 29.01.2002, PW12 resumed investigation and interrogated accused Rajwinder Singh in presence of Borain Mal (not examined). He suffered a disclosure statement (Ex.PR) about concealment of a broken handle of a hand-pump. Accused Sucha Singh on interrogation gave a disclosure statement Ex.PS about concealment of one Datt (iron sickle). Rajwinder Singh led police party to the place of concealment of weapon and on his pointing out, the weapon of offence i.e. Handle of pump, which was blood stained, was recovered. Its sketch was prepared vide Ex.PR/l. The article was sealed with seal impression 'SS' and taken into possession vide memo Ex.PR/2. Likewise, accused Sucha Singh also led police party to the place of concealment of weapon and on his pointing out an iron datt stained with blood was recovered. Its sketch was prepared as Ex.PW12/J and taken into possession vide recovery memo (Ex.PS/2). PW12 prepared site plans of places of recoveries. On completion of investigation, the I.O. submitted report under Section 173 Cr.P.C. The accused were charge-sheeted under Section 460 IPC to which they pleaded not guilty and claimed trial.