INDERBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge herein is to order of conviction and sentenced recorded by learned Additional Sessions Judge, Gurdaspur, dated Sept. 30, 1997. Appellants Inderbir Singh and Baljit Singh have been held guilty under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo RI for life and to pay a fine of Rs. 1000/- each, or in default of payment of fine to further undergo RI for four months.

(2.) Dead body of Balwant Singh, a taxi driver, was recovered on January 31, 1996 and as per the prosecution case, appellants herein had hired the said taxi on January 20, 1996 at 11 a.m. Concededly, there is no eye witness to the occurrence and, therefore, the prosecution, in order to secure conviction against the appellants, depends upon the circumstantial evidence alone. The said evidence consists of deceased having been last seen with the appellants, extra judicial confession and recovery of car from the appellants.

(3.) Brief facts, resulting into conviction of the appellants need a necessary mention. The FIR with regard to incident came to be lodged on 26-1-996 by one Chattar Singh. He stated that he had a Maruti car of biscuit colour bearing registration No. DBC-1030. On January 20, 1996 driver of his car Balwinder Singh went to village Telianwala and brought a marriage party of Vijay Kumar to Hathi Gate from Telianwala. After dropping the marriage party, his driver Balwinder Singh came to taxi stand Batala. He had come to know that a person, whose appearance was as aged about 22/23 years, height about 5'-6" fair complexion, trimmed beard and hair, wearing black jacket and black pant, had taken away his car somewhere after taking the same from his driver. Neither his driver had returned nor he had dropped the Doli of marriage from Hathi Gate to village Telianwala. He along with his brother Amrik Singh and other persons kept on searching for the car and driver but in vain. He further stated that he had also come to know that the said car was seen moving in the area of Fatehgarh Churia and Kalanaur. It is in these circumstances that he lodged the report of his missing car and driver.