JAGTAR SINGH @ JAGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Jagtar Singh, his wife Gurmit Kaur as also Gurbhej Singh, brother's son of Gurmit Kaur, have been held guilty of intentionally causing death of Ravel Singh real brother of Jagtar Singh appellant. They have, thus, been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also to pay a fine of Rs. 3,000/- each and in default of payment of fine, to further undergo RI for six months. They have also been held guilty under Section 201 IPC and sentenced to undergo RI for a period of four years and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo R.I. for two months. Both the sentences have, however, been ordered to run concurrently. It is against this order of conviction and sentence dated April 3, 1996 passed by the Additional Sessions Judge, Amritsar, that the present appeal has been filed by the three appellants, named above.

(2.) BEFORE we might narrate the prosecution version, we would like to mention that the case against the appellants is based upon the circumstantial evidence and, therefore, the question that needs determination is as to whether the circumstances leading to death of Ravel Singh are such that they lead to one and the only one inference, i.e. the appellants are guilty of the crime alleged against them. Like in every case based on circumstantial evidence, in this case as well, it has to be found as to whether such circumstances are complete, as mentioned above, or there are missing links therein.

(3.) IN its endeavour to prove that the appellants alone had caused the death of Ravel Singh, the prosecution examined Dr. Gurmanjit Rai, Lecturer, Forensic Medicine Science, Medical College, Amritsar as PW-8. He stated that on April 17 1993 at 12.40 p.m. he conducted post mortem on the deadbody of Ravel Singh. Deadbody was brought at about 6.40 p.m. on April 16, 1993 and it was identified by Kundan Singh and Mukhtiar Singh. Deadbody was brought from Lahori Mal Chhiddan drain, Patiala. It was alleged to be case of death due to decapitation and separation of head from the body. Length of the body was 5'-8". It was naked, petrified, foul smelling deadbody of a middle aged male having yellow metallic ring, bearing 'RSG' in right ring finger. Sclap hair from the head and beard region could be easily pulled out. Adepocere was present on face front and on back of the chest and abdomen, front and back of both thighs and left lower leg, muscle was missing from right leg, left fore- arm, and right upper arm, bones were found joint by ligaments only. Maggots were found present in the orifices of the body. The doctor found following injuries on the dead body of Ravel Singh :