JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly stated, facts of the case as per prosecution version are that on 18.6.1999 complainant - Moti Ram Verma, a resident of village Bhabat, Police Station Sohana got his statement recorded with the police stating therein that Madan Lal, deceased was son of his brother Gopal Kishan; Madan Lal was aged about 28 years and he was married with Surinder Kaur @ Pinky (accused) about 8 years earlier; Madan Lal along with wife - Surinder Kaur @ Pinky and three sons was resident at village Bhabat; about six months earlier, accused - Jagtar Singh son of Puran Singh, resident of Kanaur started residing in house of Madan Lal; Jagtar Singh used to take his meals from the house of Madan Lal and he was treated as a member of the family; accused - Bhupinder Singh was related to Jagtar Singh as his mother's sister's son and he used to come to Bhabat and stay with Jagtar Singh in the house; Jagtar Singh had developed illicit relations with Surinder Kaur @ Pinky and he wanted to marry her, however Madan Lal was proving to be a hurdle in doing that, as such Jagtar Singh and Bhupinder Singh in conspiracy with Surinder Kaur @ Pinky took Madan Lal on a scooter on 13.4.1999 and after making him consume liquor killed him and his dead body was thrown in the nearby jungle of Dera Bassi. In such statement to the police, the complainant Moti Ram stated that on 13.4.1999, he heard from Jagtar Singh and Bhupinder Singh that they wanted to eliminate Madan Lal and Surinder Kaur @ Pinky had asked both of them that Madan Lal be eliminated; that on 15.4.1999 the complainant came to know that Jagtar Singh and Bhupinder Singh had taken Madan Lal with them on a scooter bearing No.PB-39-0535 on 14.4.1999; thereafter Surinder Kaur @ Pinky showed a letter to complainant Moti Ram, wherein Madan Lal had written that he had contracted another marriage and would never return home and they should not wait for him. According to the complainant, the letter was written by some other person having a different handwriting, whereas the address was in the handwriting of some other person. Subsequently, Roshan Lal son of Khial Krishan, resident of village Brara (Haryana) told complainant Moti Ram that he had seen Madan Lal, Jagtar Singh and Bhupinder Singh on one scooter; that they had purchased a bottle of liquor from Zirakpur liquor vend and then they proceeded towards Dera Bassi on the scooter at about 8:00 p.m.; Roshan Lal had further stated that he had earlier a doubt about Jagtar Singh and Bhupinder Singh but thereafter he had concluded that Madan Lal had been eliminated by Jagtar Singh and Bhupinder Singh in connivance with Surinder Kaur @ Pinky.

(2.) On the basis of such statement of complainant Moti Ram, formal FIR No.39 of 18.6.1999 for the offences under Sections 302, 364, 120-B IPC was registered at Police Station Sohana. The investigation in this case started, during the course of which all the three accused were arrested. On being interrogated Jagtar Singh accused confessed his guilt in presence of various persons of the village and led the police party to the place where Madan Lal had been killed and his scooter thrown. The police party found bones of a dead human body from that place along with clothes, purse and photograph of Madan Lal. A little distance therefrom, Jagtar Singh pointed out the place where scooter of deceased had been thrown by them. The police had found the scooter lying there in an abandoned condition and had taken it into possession under Section 102 Cr.P.C. Bhupinder Singh had also made statement on those very lines. The bones so recovered as well as clothes, purse and photograph of Madan Lal had been taken into possession. The bones were sent to Chemical Examiner for analysis and a report was received therefrom that, those were of a human being. During the course of investigation, it transpired that Jagtar Singh and Bhupinder Singh had made extra judicial confession before Dharam Singh, Sarpanch of village Bhabat. The Investigating Officer recorded statements of various persons and took into possession several documents.

(3.) After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Judicial Magistrate Ist Class, Kharar.