GARIBO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that one Charan Singh was married to Sint. Garibo d/o Dalipa about 16 -17 years ago. Charan Singh raised two sons and one daughter on Smt. Garibo. Charan Singh went to Dubai (Saudi Arbia and Mascat etc .) In Charan Singh's absence, Garibo developed illicit intimacy with Jasbir Singh son of Ram Rattan of their village. Feeling that Jasbir Singh was carrying on with Smt. Garibo, Jasbir Singh's wife left for her parents in March 1996. Charan Singh came back from Dubai. Charan Singh found that Garibo was openly visiting Jasbir Singh and was remaining out of village with him for many days and carrying on with him. He wanted Garibo should shun her illicit relations with Jasbir Singh and be virtuous. Charan Singh was residing separate from Garibo. He told his brother Dev Chand and others several times that Garibo and Jasbir Singh were threatening to kill him. 2 -3 days prior to the death of Charan Singh, Dev Chand was going to his fields in the noon time. Jasbir Singh was standing near the wall of the house of Garibo and they were talking. Dev Chand heard Jasbir Singh saying that he had made his wife leave for her parents and that they should eliminate Charan Singh so that there was no irritant left in their way and they could carry on without any hitch. Smt. Garibo suggested Jasbir Singh that he should bring poisonous tablets meant for preserving wheat and she would administer those tablets to Charan Singh. On 21.7.1997, Dev Chand was passing near the house of Charan Singh, at about 7.00 P.M., Charan Singh called him and he said that he asked Garibo to bring meals for him and he saw Garibo mixing something in the vegetable. Charan Singh asked Dev Chand to share meals with him. Dev Chand said he would be coming after taking meals. When he returned Dev Chand found Charan Singh to have gone unconscious. He went out for arranging some vehicle for taking Charan Singh to the hospital. In the meantime, Charan Singh expired. Garibo threatened Dev Chand if he disclosed to anybody regarding the death of Charan Singh, he and his children would be got murdered from Jasbir Singh. Matter was reported to the police by Dev Chand on 7.8.1997. In the F.I.R., Dev Chand stated that he did not talk to anybody earlier as he was afraid. In the F.I.R., Dev Chand charged Jasbir Singh and Garibo with the murder of his brother Charan Singh.

(2.) LEARNED counsel for the petitioner submitted that there is inordinate delay in the lodging of the First Information Report. He submitted that if there was any talk between Jasbir Singh and Garibo on 19.7.1997 regarding conspiracy to eliminate Charan Singh, there is no reason why Dev Chand should not have reported about that conspiracy to the police or the panchayat. He further submitted that there is no reason why he kept mum for 16 -17 days when the murder had taken place on 21.7.1997. There is evidence of extra judical confession against Jasbir Singh and Garibo. There is other circumstantial evidence also. Smt. Garibo reported the matter to the police on 22.7.1997 that her husband had died because of excessive intake of liquor. Viscera was sent to the Chemical Examiner. Chemical Examiner found the presence of aluminium phosphide in stomach spleen etc. No liquor was detected by the Chemical examined in the stomach etc. There is evidence that Garibo was carrying on with Jasbir Singh and Charan Singh was an irritant and stumbling block in the way of their freely carrying on. There is evidence that they conspired with each other to remove that irritant and that irritant was removed. At this stage, we cannot go into the merits of the prosecution case. Merits of the prosecution case will be weighed at the trial. I do not think bail should be allowed to petitioner. This Criminal Misc. fails and is dismissed. Bail refused.