(1.) This Criminal Misc. No. 7482-M of 1999 whereby Harjinder Singh (petitioner herein) is claiming bail in case FIR No. 184 dated 31.8.1998 under Section 302 IPC registered at Police Station Division No. 6 Ludhiana.
(2.) The prosecution case, in brief, is that at about 8/9 A.M. on 31.8.1998, one Gurbachan Singh son of Bhagat Singh came across the dead body of a young woman aged 25-26 years lying near the transformer in front of his factory K.A. Mechanical works. A number of people were standing around the dead body. It was the dead body of a young woman named Mamta aged 25-26 years. It was 5'-2" in height. The matter was reported to ASI Surinder Singh by him. As per prosecution, on 25.8.1998, Harjinder Singh had taken Mamta & Pooja daughters of Neelam Kumari on the pretext that their mother had gone to Rajpura and that he will take them to their mother. He had also taken along with, their deaf and dumb brother. Accused strangulated Pooja and threw her dead body in the area of Transport Nagar. Mamta was also strangulated after she was administered poison and the dead body was thrown at Basti Jodhewal. Their deaf and dumb brother was left in the area of Payal. Accused had also killed Neelam Kumari on 23.8.98 by administering her intoxicating pills. As per the prosecution, accused took Mamta and Pooja and their deaf and dumb brother in order to conceal the factum of the murder of Neelam Kumari on the pretext that he will be taking them to their mother. Dead body of Mamta was recovered on 31.8.1998 which identified by her uncle Ramesh Kumar.
(3.) Learned counsel for the petitioner submitted that no external injury was found on the dead body of Mamta and chemical examiner did not detect any poison in the viscera. Chemical Examiner detected aluminium phosphide a pesticide in the large and small intestines of Pooja. He detected aluminium phosphide a constituted pesticide in the liver, spleen and kidneya and blood of Pooja. According to the prosecution, Neelam Kumari wife of Raj Kumar developed illicit intimacy with Harjinder Singh and his father Som Nath. On 24.8.98 at about 6 P.M. Harjinder Singh was bringing Mamta and Pooja in car towards Vishawkarma Chowk from Gill Chowk, as seen by Ramesh Kumar the maternal uncle of those girls. Thereafter, they did not return. On 31.8.98, Ramesh Kumar saw a poster hanging outside Dholewala Chowk with photograph. It was written in the poster that dead body of that woman had been recovered on 25.8.1998. That photograph was of Pooja. According to the prosecution, Neelam Kumari used to participate in the drawal of committees. She came in contact with Harjinder Singh's mother Kulwant Kaur. One year earlier Neelam married her daughter Mamta to Harjinder wife's brother Ashwani alias Laddi against the wishes of Mamta's father Raj Kumar and her parents. Marriage of Mamta to Ashwani alias Laddi against the wises of Raj Kumar and Mamta's parents led to divorce between Neelam Kumari and Raj Kumar. Neelam contracted illicit intimacy with Harjinder and his father Som Nath. So such so Neelam was ready to marry Som Nath. Harjinder took Neelam on 22.8.98 to Chintpurni on the pretext of paying obeisance and killed her in Picnic Spot Hotel, Amba (Una). On 23.8.1998 Harjinder came to the house of Neelam's brother and asked him about the whereabouts of Neelam. Mamta and Pooja asked Harjinder that their mother had gone with him to Chintpurni and he should be aware of her whereabouts. On 24.8.98 Mamta told her maternal uncle Raj Kumar that she had received telephone from Harjinder that they should take Goru (deaf and dumb) brother of Pooja and he would show them their mother Neelam at Malerkotla with some doctor treating Polio and Goru would be got treated. After an hour Harjinder Singh took Mamta, Pooja and Goru (Polio affected) with him. Thereafter they did not return. On 27.8.98 Himachal Police came to the house of Neelam's brother Raj Kumar with dead Neelam's photograph. As per prosecution, there is an extra judicial confession alleged to have been made by Harjinder before Karam Singh on 28.8.98. As per prosecution, Harjinder murdered Neelam because she was trying to contract marriage with Harjinder's father Som Nath. He murdered the children so that evidence of the commission of murder disappeared. The prosecution case thus rests on circumstantial evidence. There is evidence of last seen. There is evidence of motive. There is a case against Harjinder Singh regarding murder of Neelam in Himachal Pradesh.