JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Misc. Petition has been filed by Jit Singh and Naib Singh sons of Mukhtiar Singh whereby they have prayed for the grant of bail to them in a case registered vide F.I.R. No. 11 dated 2.2.1997 at Police Station, Zira, District Ferozepur for an offence under Sections 302/201/34 IPC.

(2.) THE prosecution case in brief, is that Naib Singh, Harnek Singh, Jit Singh and Balwinder Singh are sons of Mukhtiar Singh. Jit Singh and Balwinder Singh are married while Naib Singh and Harnek Singh were unmarried though they are elder to them. Naib Singh and Jeet Singh were residing jointly. Balwinder Singh is residing separately. Harnek Singh was alcohol adict and was vagabond. He had no house of his own. Harnek Singh takes meals at whatever house it is available to him. Similarly, he sleeps wherever he finds any place to sleep. He had sold his share of one Killa of land and share of plot to Jit Singh, Balwinder Singh, Naib Singh and to one Swaran Singh son of Balwant Singh about 3 years ago. Jit Singh had seen his brother Harnek Singh roaming about in the village about 15 days ago. He used to remain absent from the village sometimes even for more than a month. When Jit Singh was last seen, he was wearing saffron clothes. He was also wearing a blue colour coat. Jit Singh had gone to his fields known as "Mehrewala" to irrigate during the night intervening 1/2.2.1997. At about 11.00 P.M., when he was returning and reached near the outer house of Master Ajit Singh, Jit Singh saw a Jeep without number plate parked on the road. Jeep was of black colour. At that time, electric bulb was burning outside the outer house of Master Ajit Singh. Jit Singh saw two unidentified persons coming from the side of Jeep carrying a bundle. Master Ajit Singh was leading them. Jit Singh flashed torch light and in the light of the electric bulb and torch, Jit Singh saw that the bundle being carried by those persons was containing the dead body of Harnek Singh as the coat being worn by Harnek Singh was visible. Jit Singh enquired from Master Ajit Singh as to where they were taking their man (Harnek Singh). Thereupon, those two persons threw the bundle from over the wall inside the outer house of Master Ajit Singh and they ran away into the fields. Master Ajit Singh ran away in the Jeep. Jit Singh went to his house and narrated the entire occurrence to his brother Naib Singh. Jit Singh took his uncle Chand Singh, his son Raj Singh and Hardev Singh son of Banta Singh and reached the street near the outer house of Master Ajit Singh. His cousin scaled over the wall and saw inside the house of Master Ajit Singh a bundle containing decomposed body of Harnek Singh. Matter was reported to the Policy by Jit Singh (now petitioner) on whose statement, this case was registered. Jit singh, petitioner, suspected Master Ajit Singh to have murdered his brother Harnek Singh in connivance with other persons. According to Jit Singh, they were going with the dead body for its disposal. The disposal of the dead body could not take place because of interception by him. The cause of this murder, according to Jit Singh, is that about 20-22 years ago his Uncle Birinder Singh had been murdered and some persons had been challaned. Later on, their family learnt that Master Ajit Singh had hand in that murder and he had escaped from being challaned. His brother Harnek Singh had challenged Master Ajit Singh when he was under the influence of liquor and threatened to take revenge of the murder of Birinder Singh. According to Jit Singh, Ajit Singh had asked him to tell Harnek Singh to desist from such threats

(3.) THERE is no eye witness so far as this case is concerned. The case rests on extra-judicial confession said to have been made before Dalip Singh and Vas Dev Singh. There are statements of Hamir Singh and Harbhajan Singh on record. According to them, they saw bundle containing the body of Harnek Singh being placed on the wall of outer house of Master Ajit Singh by Naib Singh and Jit Singh. Murder of Harnek Sigh took place about 15 days prior to the registration of the case. The case rests on the extra-judicial confession which surfaced itself after 15 days of the murder of Harnek Singh and on the statements of Hamir Singh and Harbhajan Singh who are alleged to have seen the dead body being taken by Jit Singh etc.