MALKIAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This judgment shall dispose of an appeal filed by the appellants Malkiat Singh and Vaishno Devi, through jail against the judgment of the Court of learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, dated. 13.4.2006. The second appeal has been filed by appellant Jasbir Singh through jail against the said judgment passed by the learned trial Court. All the appellants have assailed the conviction and sentence imposed by the learned trial Court upon them, vide which the appellants were held guilty as under:- Appellants Malkiat Singh and Vaishno Devi u/S. 120-B: Life imprisonment and fine of Rupees 20,000/-each. Appellant Jasbir Singh u/S. 302 I.P.C.: Life imprisonment and fine of Rs.20,000/-. In case; of default of payment of fine, all the appellants were to undergo simple imprisonment for one year. They were further sentenced to simple imprisonment for one year for offence under section 2011.P.C. and fine of Rs. 1,000/- each and in default of payment of fine, they were to further undergo simple imprisonment for 15 days.

(2.) The prosecution story in brief is that on 16.6.2004, at about 8.25 a.m., S.H.O. Police Station Jawali, was present in the area of Dhanuna in connection with the investigation of a case. Complainant Sher Singh met him and gave statement to him, which was recorded by him. In the said statement, he alleged that his younger brother Piar Singh had come on pension 5-6 years ago from BBMB Pong Dam. On 30.5.2004, the complainant had gone to the house of his brother Piar Singh to enquire about his health and at that time, his brother's daughter-in-law Vaishno Devi, Malkiat Singh, her husband and driver Jasbir Singh were quarrelling with his brother. He further alleged that the daughter-in-law was proclaiming that they will kill him and throw him in the area of Punjab. He further alleged that his brother used to proclaim that his daughter-in-law was having illicit relation with driver Jasbir Singh and for that reason, all these three persons had also earlier quarrelled with his brother and had given him beating. He further alleged that on 31.5.2004. at about 7.30 a.m., when he came back from the Khad after taking bath, his brother Piar Singh along with his son, daughter and driver was standing near Tata Sumo No. HR-01E-1902 for going to some other place. He enquired from his brother as to where they were going, who told him that he was going to Talwara to take pension. Thereafter, all these persons left in the vehicle and the remaining three persons and vehicle came back in evening. He enquired from Vaishno Devi and her husband Malkiat Singh about the whereabouts of his brother who told him that he was their father and what connection he has got. On 14.6.2004 Malkiat Singh sold the said Tata Sumo and he became sure that all these persons had killed his brother and may have, hidden the dead body at some place. On,the previous day i.e. on 15.6.2004, he told all these facts to Kewal Singh, Up-Pradhan and was going today to Police Chowki along with Pradhan to make report and the police met him on the way. On this statement which was recorded on 16.6.2004, the case was registered and after investigation, the challan was filed as against all the three appellants before the Court of learned Addl. Chief Judicial Magistrate, Jawali, who committed the case to the Court of learned Sessions Judge, who assigned the case to the learned trial Court. The trial Court tried the appellants leading to their conviction and sentence as detailed above.

(3.) We have heard the learned counsel for the parties, have gone through the record of the case and have gone through the points raised during the course of arguments or the infirmities pointed out during the course of arguments, which shall be referred below while referring to the evidence led by the prosecution.