RUP LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case set up at the trial was that Manjit aged 7 years was daughter of Lal Chand son of Buja Ram Adharmi resident of village Bajuha Khurd PS City Nakodar. On 28-3-93 at about 6.30 p.m. she went out of the house to play. She was wearing frock and pyjami (trousers). She was with hair cut. She did not return. He continued searching his daughter in the village as well as in his other relations but could not find any clue to her whereabouts. Eventually on 31-3-93, he lodged DDR No. 6 at 9.30 a.m. at PS Nakodar with regard to the missing of his daughter. At the time he lodged that DDR, he was accompanied by Rajinder Kumar Sarpach. Till 8-4-93 he continued searching for his missing daughter Manjit in the surrounding areas, when he learnt that his daughter had been kidnapped by Malkiat Chand son of Tarsem Adharmi and Rup Lal son of Parkash both residents of village Bajuha Khurd, Lal Chand left for PS Nakodar for reporting the matter to the police along with one Sat Pal Panch and one Gurbachan Dass Panch. He reported the matter to ASI Jatinder Singh vide statement Ex.PA who met him in chowk Shankar Road bye-pass Nakodar at about 7 p.m. On the basis of statement Ex. PA, case FIR No. 41 was registered at PS Nakodar under Section 364/34 Indian Penal Code. ASI Jatinder Singh took up the investigation of the Case.

(2.) During investigation, it transpired as under :-Rup Lal and his wife who were issueless were anxious to have a child. Lal Singh accused (appellant herein) was working as chela residing at the well of one Gurmel Singh alias Gela Jat of village Kadian and was making prophecies and suggesting the wearing of tavij etc. and also that people who were issueles were approaching him for getting from him the ways and means of begetting child and he was suggesting them the ways by which they could change the course of nature and be blessed with child. Mohinder Pal was frequent visitor to the dera of Sadh Lal Singh and during the course of his visits, he had seen Rup Lal and his wife Surinder Kaur and Malkiat Chand quite often with Sadh Lal Singh with a view to find from him the ways and means of begetting child for Rup Lal and Surinder Kaur. On 26-3-93, Mohinder Pal went to the dera of Lal Singh. After he had consulted Lal Singh qua his problem, he got up. In the meantime, Rup Lal and his wife Surinder Kaur and Malkiat Chand came there together. They bowed their head before Lal Singh and sat down. Rup Lal told Lal Singh that he was issueless. Mohinder Pal went out of the room with a view to put on shoes. When he was putting on shoes, he overheard the talk that was going on between Lal Singh, Rup Lal and his wife Surinder Kaur. Rup Lal and his wife told Lal Singh that they had been coming to him since long but they had not been able to beget any child. Lal Singh told them that he had performed lot of puja-path to fill their lap with child but as they were being haunted by unlucky and evil stars, they would have to do something unthinkable to appease/propitiate those evil/unlucky stars. Lal Singh told them that he would be suggested to them very secret ways and means and so that the matter did not fizzle out, Malkiat be sent out. Rup Lal asked Lal Singh not to send Malkiat out as he was more than a brother to him and he had always been with him in any venture which he had undertaken and that in future also whatever they do, they would do it together. Lal Singh told them that for having a child in their lap, they would have to sacrifice the life of an unmarried girl and that Smt. Surinder Kaur would sit on the dead body and take a both and that he would be reciting the necessary mantras of black magic and after Surinder Kaur had taken a both, she will break and throw away the tavij which he was giving her and they could have the child only after they sacrified some unmarried girl and there was no other way to get a child. Malkiat asserted saying that he would stand by them in the fulfilment of this mission. Lal Singh advised Surinder Kaur to keep that tavij concealed somewhere in her residence. Mohinder Pal after he had overheard this talk, put on shoes and left for his house. Mohinder Pal stopped visiting the said Sadh when he came to know that he was indulging in nefarious activities unbecoming of sadhus and nobles. On 8-4-93, he felt a prick to his conscience and decided to disclose to the police what had transpired on 26-3-93 between Lal Singh, Rup Lal, Surinder Kaur and Malkiat Chand at the dera which he had overheard. He went to ASI Jatinder Singh, PW and made full disclosure of the fact known to him. On inkling being felt as regards the alleged kidnapping with intent to murder of Manjit d/o Lal Chand. Offence was converted into one under Section 364/302/120-B/34/201, IPC. On 9-4-93, Rup Lal was arrested and taken into custody. In pursuance to the disclosure statement alleged to have been made by Rup Lal Ex. PG, the dead body of Manjit daughter of Lal Chand was recovered lying in a gunny bag near the cremation grounds in the wheat field outside the village. Dead body was identified by Lal Chand at the time of the preparation of the inquest Ex. PW 7/C. Dead body was identified by Gurbachan Dass also. Autopsy on the dead body was performed by Dr. J. S. Bajwa, Medical Officer, Civil Hospital, Nakodar on 9-4-93. On 14-4-93, Malkiat Chand, Surinder Kaur and Sadh Baba Lal Singh were produced before ASI Jatinder Singh by Shri Sarpanch of village Bajuha Khurd and they were arrested. During investigation this fact came to the surface that Rup Lal and Malkiat Chand had made extra-judicial confession before Lamberdar Bhag Ram that they had murdered Manjit d/o Lal Chand after they had taken him into confidence. After investigation, Rup Lal, Surinder Kaur, Malkiat Chand and Sadh Baba Lal Singh were challaned under Section 364/302/120-B/34, IPC. Case was committed to the court of Session by Judicial Magistrate First Class, Nakodar vide order dated 27-7-93.

(3.) Vide order dated 28-8-93, Additional Sessions Judge, Jalandhar charged all the accused under Section 120-B, IPC. He charged Rup Lal, Surinder Kaur and Malkiat Chand under Section 364, IPC. He charged all the accused under Section 302/120-B, IPC. Accused pleaded not guilty to the charge and claimed trial. With a view to bring home to the accused the charge levelled against them, the prosecution examined Lal Chand, PW1, Mohinder Pal PW 2, Gurbachan Dass PW 3, Halqa Patwari Shingara Singh PW 4, Bhag Ram PW 5, Shri Narinder Pal Bhatara PW 6, ASI Jatinder Singh PW 7. Post-mortem report Ex. PF was tendered into evidence as Dr. J. S. Bajwa was said to have been away to USA without there being any prospect of his appearing at the trial in near future. Accused did not take any objection to the post-mortem report being received into evidence without the examination of the doctor. SI Naresh Kumar and HC Kulwant Singh were given up as unnecessary.