PARGHAT SINGH Vs. STATE OF JAMMU NAD KASHMIR

JUDGEMENT

(1.) The appellants Parghat Singh and Balbeer Singh who are granthies (reciters of holy Granth Sahib) have been found to be guilty of committing the murder of their colleague Gurdeep Singh for which they have been convicted under sections 302/34 R.P.C. and sentenced to death and Parghat Singh has also been sentenced to three yearsT rigorous imprisonment under sections 3/25 Indian Arms Act and Balbir Singh to two years rigorous imprisonment under sections 4/27 read with S.R.G. 175 of April, 1974. The appellants have filed criminal appeal No. 9 of 1986 and learned Sessions Judge has made reference for confirmation of the sentence in terms of Section 374 Cr.P.C.

(2.) According to the prosecution Gurdeep Singh Granthi was a close friend of the appellants. The deceased is alleged to have developed illicit maritial relations with the wife of Parshat Singh appellant who after coming to know about the lame reported the matter to P.W. Mohan Singh, the brother-in-law of the deceased. A reproachment is alleged to have been brought about between the two, where after the relations between them improved. According to the prosecution the appellants conspired with each other to kill the deceased and to accomplish the object, they lured him to accompany them to Jammu where he was promised to be married to the sister-in-law of Balbir Singh appellant. On 27th Oct. 83 the deceased informed some of his relatives that he was going to Jammu along with the appellants for his marriage. He is reported to have withdrawn a sum of Rs. 2000/- from the State Bank of India Branch Majeetha, District Amritsar. The appellants and the deceased boarded a bus from bus-stand Battalla on the morning of 28th Oct. 1983. They were seen together in a village Baribrahmana wherefrom they proceeded to village Kotli Charkan. At about 11 p.m. on 28th Oct. 1983, the appellants were arrested by a police petroling party of Police Station Bishnah from bus-stand Bishnah when their movements were suspected as they were making desparate efforts to reach Baribrahmana for which they were prepared to hire any transport vehicle for any charges. After their arrest under section 54 Cr. P.C., the appellants were searched and a pistol and Kirpan were recovered from them F.I.R. No. 156 of 1983 initially under sections 3/25 Indian Arms Act was registered against them. Besides the aforesaid weapons a sum of Rs. 150/- and a ticket of Punjab Road-ways were recovered from Parghat Singh appellant. A sum of Rs. 1700/- comprising of 85 notes of Rs. 20/- denomination each including a blood stained note bearing No. 23/C 582824 was recovered from the person of Balbir Singh. The F.I.R. was registered at 23.15 hours and its copy sent to the Magistrate on the following day at R.S. Pura. During the police interrogation appellant Parghat Singh made a disclosure statement EXPW 3/1 and Balbeer Singh EXPW 3/2. The investigating agency filed an application before the Executive Magistrate Bishnah on 31st Oct. 1983 for resealing 14 items specified in EXPW RL/9. The Tehsildar, Executive Magistrate aside his certificate EXPW ML resealed the following items: 1. Revolver Desi. 2. Packet currency note. 3. Packet Dress. 4. Packet Dress. 5. Mud with blood. 6. Original mud. 7. Comb. 8. Comb with hair. 9. Turban. 10. Sword. 11. Hair. 12. Packet dress deceased. 13. Hair of culprits. 14. Hair of culprits. and authorised the Director FSL Jammu to reopen the 14 items sealed for examination. The accused were produced for remand before the Executive Magistrate on 29th Oct. 1983. The hair strands of the accused were obtained from them without their being any objection in the presence of the executive Magistrate Shri M.L. Sun as is evident from the application of the prosecution dated 31st Oct. 1983, Whereupon the said Magistrate has endorsed permitted. The clothes of Parghat Singh appellant, some stained with blood were seized vide EXPW-RL/5 and bf Balbir Singh vide EXPW-RL/6. The initial recovery immediately after the arrest of the appellants are evidenced vide seizure memo EXPW 1/1 and EXPW 1/2. The two combs containing hairrings were seized from the place of occurance vide EXPW 4/1 and EXPW-RL/1. The turban of Balbir Singh appellant was recovered on 30th Oct. 1983 at his instance vide EXPW 3/6 and a sword vide EXPW 3/7. During the investigation two photographs of Gurdeep Singh deceased in the company of the accused persons and one person were produced by Tarseem Singh, the brother of the deceased and seized vide seizure memo EXPW J S. The two seals were handed over to Dileep Singh and Mahinderpal Singh. The dead body of deceased Gurdeep Singh and the identity of the appellants were obtained from M/S Gopal Chand, Rakesh Kumar and Baldev Singh P.Ws. on 31st Oct. 1983. After the disclosure statements made by the appellants and recovery of the dead body besides other incriminating articles, the offence was changed and converted into 302/34 R.P.C. besides commission of offence under the Indian Arms Act. During the investigation the police got the report from the Forensic Science Laboratory and the Chemical Examiner.

(3.) In order to prove the case against the appellants, the prosecution produced Chatter Singh, Jagir Singh, Dalip Singh, Banka Ram, Kanak Raj, Charanjit Singh, Om Prakash, Jamal Din, Patwari, Mahinder Nath, Mawa Singh, Tarseem Singh, Manmohan Singh, Angrez Chand, Surjan Singh, Sardar Mohan Singh, Mr. M.L. Sun Executive Magistrate, Rafiq Thomas, Dr. Amar Kotwal, Om Prakash ASI, and Roshan Lal Abrol S-I. The Police did not produce any evidence in defence.