STATE Vs. LAVINDER SINGH

JUDGEMENT

(1.) LAVINDER Singh (28 years) has been convicted under Sections 302 and 201 of the Indian Penal Code and has been sentenced by the Sessions Judge of Simla to death under Section 302 and to undergo rigorous imprisonment of five years and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year for the offence under Section 201. Ajaib Singh (31 years) another accused in the same case, has been convicted for the offence under Section 201, I. P. Code and has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year. Both Lavinder Singh and Ajaib Singh have preferred appeals aganist their convictions. There is also the usual reference by the State for confirmation of the death sentence. The facts leading to these convictions may now be stated.

(2.) ON 2nd June, 1970 at about 8 A. M. , Krishan Dutt (P. W. 5) employed at the P. W. D. Rest House Barog was coming to attend his duty and on Kalka-Simla Road 20 feet below the road near the Rest House, he found a dead body of a young lady lying in a pool of blood. He proceeded to Amar Nath Lambardar and reported the matter to him. Thereafter Krishan Dutt (P. W. 5) went to the police station Dharampur while leaving Amar Nath at the spot to look after the dead body. The S. H. O. Shri Malik Inder Raj (P. W. 55 ). arrived at the scene of the occurrence. He found much blood lying at the spot. At about 100 yards away from the corpse of the lady, a frock worn by a child was found lying and at about 550 yards away from the dead body, another dead body of a child was discovered. There were several penetrated wounds on the person of the lady and similarly there were several cut wounds on the person of that child. The necessary inquest report and the injury statements were prepared. It is stated that the witness Chatter Singh (P. W. 12) came to the spot and informed the police that at 6. 30 P. M. on the previous day he had passed on that way and saw a cream coloured Ambassador car standing at the spot, while a lady was sitting inside that car and was feeding her child. Two Sikh youngmen wearing red turbans were also seen nearby, drinking beer. Similar information was given by one Lila Dutt (P. W. 4) that he was driving his jeep at 815 P. M. on the previous day on that road. His mother Mathi Devi (P. W. 3) and his aunt Janki Devi (P. W. 2) were occupying the front seat of that jeep. In the beamlight of that jeep they found a cream coloured Ambassador car standing at the spot and a small child was sitting alone in that car. Janki Devi had commented at that time that the mother of the child was a bit careless so as to leave the child alone. Nearby, the three witnesses saw two young Sikh gentlemen standing and they were facing each other with the consequence that the features of only one of them were visible to these witnesses.

(3.) SINCE the police could not get proper identification done for the lady and the child, they procured the necessary photographs of the dead-bodies. A publication was also made in Daily Nav Bharat. On 5th July, 1970, Roop Singh (P. W. 11) father of the deceased lady whose name was subsequently found to be Kulwant Kaur, appeared before the Dy. S. P. Shri Mehta at Simla and recognised the lady and the child by the help of the photographs. He gave scent to the police that Lavinder Singh accused was the husband of the lady, and Rattan Singh and Ajaib Singh were his two brothers and all the three were involved in the murder of the lady and the child. Accordingly on 6th July, 1970 the police went to Pehowa where the accused resided. Lavinder Singh and Ajaib Singh were found at their house. The police party then came to Ambala and there, they interrogated Rattan Singh accused. Thereafter the police came back to P. S. Dharampur. They had asked the three accused to appear before them at P. S. Dharampur on 7th July, 1970. Accordingly the three accused came to P. S. Dharampur on 7th July, 1970 and two of them were formally arrested on that evening at 5-30 P. M.