KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants before us are Kulwant Singh, Balbir Singh and Baljinder Singh of Jalandhar. They were tried for the murder of Ravinder Kumar @ Ravi and for robbing him of Rs. 2.50 lacs. Ravi Kumar belonged to district Hamirpur in Himachal Pradesh but had been living in Jalandhar for many years. He was a salesman with Sarabjit Singh, owner of a petrol filling station known as Petro Mart Petrol Pump on Nakodar road. On the morning of March 2,1998, Ravinder Kumar left the petrol pump with Rs. 2.50 lacs in cash to be deposited with Oriental Bank of Commerce, Lambra but he did not return. This aroused suspicion with his employer Sarabjit Singh who lodged FIR 35 at Police Station, Division 6,Jalandhar at 9.55 p.m. stating that his employee Ravinder Kumar was missing with the money. Case was registered under Section 381/406 IPC.Sarabjit Singh also informed Ravinder Kumar's relations on telephone on the same day. Ravinder Kumar's brother Rajesh Kumar (PW-3) and brother-in-law Ashok Kumar told Sarabjit Singh that Ravinder had not reached home. They too started searching for him.

(2.) On March 13,1998Rajesh Kumar and Ashok Kumar informed Sarabjit Singh that the unknown dead body recovered in P.S. Sadar was of Ravinder Kumar deceased. They had identified the body on the basis of the photograph and clothes. This is how the murder came to light after 10 days. The murder had been discovered on March 3, 1998 by Dev Raj (PW-5) who was on his way towards Panj Peer Colony via the Seepage drain passage. At about 11.a.m. when he was short of Panj Peer, he saw an unidentified dead body. Some persons had collected there. Dev Raj reported the matter to the police on the basis of which report was registered and the body was taken out. After inquest, postmortem examination was conducted by Dr.Ashwani Gupta (PW-1) on March 4, 1998 at about 11.20 a.m. The Medical Officer found that there was a bruise just below the left knee joint and ahaematoma measuring 5 x 3 cm over the right parietal bone.

(3.) On exploration of the skull, blood was found over the right parietal area between the skull layer and skull bone. Blood was also coming from nostrils. Even the face, lips and nail fingers were cyanosed. Viscera was sent for chemical examination. The liver was found to be congested but rest of the organs were healthy. Probable duration between injuries and death was three hours and between death and postmortem about 24 hours. After the report of the Chemical Examiner, the cause of death was given as head injury which was sufficient to cause death in ordinary course of nature. Chemical Examiner's report also revealed that the deceased had been under the influence of alcohol. During the investigation, it transpired that Rajesh Kumar (PW-3) and Ashok Kumar were actually in Jalandhar on March 1,1998 and had stayed the night with the deceased in Avatar Nagar. The next morning all three went to the petrol pump and after collecting the cash set out for Nakodar chowk. Before they could reach the chowk a Maruti car DDQ-8174 being driven by Kulwant Singh and carrying Baljinder Singh and Balbir Singh drove up to them.