{"id":269148,"date":"2009-02-19T00:00:00","date_gmt":"2009-02-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/criminal-appeal-no-726-db-of-vs-the-state-of-punjab-on-19-february-2009"},"modified":"2017-12-12T05:58:55","modified_gmt":"2017-12-12T00:28:55","slug":"criminal-appeal-no-726-db-of-vs-the-state-of-punjab-on-19-february-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/criminal-appeal-no-726-db-of-vs-the-state-of-punjab-on-19-february-2009","title":{"rendered":") Criminal Appeal No. 726 -Db Of … vs The State Of Punjab on 19 February, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
) Criminal Appeal No. 726 -Db Of … vs The State Of Punjab on 19 February, 2009<\/div>\n
      IN THE HIGH COURT OF PUNJAB & HARYANA\n                   AT CHANDIGARH\n\n\n1)                                Criminal Appeal No. 726 -DB of 2007\n\n                                  Dated of Decision:- February 19 , 2009\n\n\nJagmohan Singh and another                          ....APPELLANTS\n\n                                   VERSUS\n\n\nThe State of Punjab                                 ....RESPONDENT\n\n\n2)                                Criminal Appeal No. 612 -DB of 2007\n\n\nDarshan Singh                                       ....APPELLANT\n\n                                   VERSUS\n\nThe State of         Punjab                               ....RESPONDENT\n\n\nCORAM:         HON'BLE MR. JUSTICE MEHTAB S.GILL\n               HON'BLE MR. JUSTICE L.N.MITTAL\n\nPresent:-      Sh. Vijay Kumar Jindal, Advocate with\n               Sh. Vipul Jindal, Advocate\n               for appellants Jagmohan Singh and Swaran Kaur.\n               (Crl.Appeal No.726-DB of 2007).\n\n               Sh. Anshuman Dalal, Advocate for\n               Sh. Vikas Malik, Advocate\n               for appellant Darshan Singh (Crl.Appeal No.612-DB of 2007)\n\n               Sh. S.S.Gill, Addl. A.G. Punjab.\n                             ------\n\nMEHTAB S.GILL, J.\n<\/pre>\n
               We will be deciding Criminal Appeal No.726-DB of 2007 and<\/p>\n
Criminal Appeal No.612-DB of 2007 together, as they arise out of the<\/p>\n
common judgment\/order dated 23\/26.5.2007 of the learned Sessions Judge,<\/p>\n
Ropar.\n<\/p>\n
                                                                           2<\/span><\/p>\n
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
            The learned Sessions Judge, Ropar convicted Jagmohan Singh<\/p>\n
son of Avtar Singh, Swaran Kaur w\/o Avtar Singh and Darshan Singh son<\/p>\n
of Joginder Singh under Section 302<\/a> IPC and sentenced them to undergo<\/p>\n
life imprisonment and to pay a fine of Rs.2,000\/- each.       In default of<\/p>\n
payment of fine to further undergo R.I. for three months.<\/p>\n
            The case of the prosecution is unfolded by the statement Ex.PK<\/p>\n
of Jarnail Singh given to SI Balwant Singh at Samrala Chowk, City<\/p>\n
Morinda.\n<\/p>\n
            Jarnail Singh stated, that he is a municipal councillor in the<\/p>\n
Nagar Palika, Morinda. He has land near the bye pass Railway Crossing,<\/p>\n
Morinda. He has taken 7 Bighas on lease from Pritpal Singh and Mohan<\/p>\n
Singh sons of Khushal Singh, residents of Morinda. This land is situated<\/p>\n
near his land. He had sown wheat crop on this land. He has also taken 7<\/p>\n
bighas of land on lease from Faquir Chand, former Municipal Councilor. In<\/p>\n
that land also, he had sown wheat crop. In the land of Faquir Chand, there<\/p>\n
was a stack of wheat straw (Kup of Turi). There was wheat crop standing<\/p>\n
in the land of Faquir Chand and in the land of Pritpal Singh, which also has<\/p>\n
been taken on lease. The wheat crop was 2\u00bd feet in height. On 28.3.2005<\/p>\n
at about 10.30 a.m., Jarnail Singh along with Mohinder Singh Nambardar<\/p>\n
and Hari Pal, President of Nagar Council, Morinda had gone to the fields.<\/p>\n
When they reached near the stack of the wheat straw, a foul smell was<\/p>\n
coming from the land of Pritpal Singh. On going ahead, they saw one jute<\/p>\n
bag lying there. The mouth of the jute bag was tied and plastic bags were<\/p>\n
lying on the jute bag.    Maggots were roaming around the bag.        They<\/p>\n
suspected, that there was body of a dead man or woman. The bye pass next
\n                                                                          3<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
to this land was a busy thorough fare, but it was lying closed for one week<\/p>\n
because of rain. After leaving Hari Pal, President and Mohinder Singh,<\/p>\n
Nambardar at the spot, Jarnail Singh was going to the police station, when<\/p>\n
he met SI Balwant Singh.\n<\/p>\n
            On the basis of this statement, FIR Ex.PK\/3 was recorded on<\/p>\n
28.3.2005 at 12.35 p.m. and the special report reached the A.C.J.M. on the<\/p>\n
same day at 6.00 p.m.<\/p>\n
            The prosecution to prove its case brought into the witness box,<\/p>\n
HC Jasbir Singh PW1, HC Amrit Lal PW2, Parminder Singh PW3, HC<\/p>\n
Kulwinder Singh PW4, C. Bhag Singh PW5, Dr. Harbhajan Singh PW6,<\/p>\n
Jarnail Singh PW7, Jagtar Singh PW8, C.Baljit Singh PW9, Sohan Singh<\/p>\n
Patwari PW10, Harpal Singh PW11, Pawan Kumar PW12, Kuldeep Singh<\/p>\n
PW13, Sukhdev Singh PW14, SI Balwant Singh PW15, Bhupinder Singh<\/p>\n
PW16, ASI Nirmal Singh PW17, HC Parkash Chand PW18 and Avtar Singh<\/p>\n
PW19. Harbans Singh was examined in defence as DW1.<\/p>\n
            Learned counsel for appellants Jagmohan Singh and Swaran<\/p>\n
Kaur has argued, that it was imperative upon the prosecution to first<\/p>\n
establish the identity of the dead body being that of Surjit Kaur.     Dr.<\/p>\n
Harbhajan Singh PW6, who performed the post mortem, has stated in his<\/p>\n
testimony before the Court, that the dead body was highly decomposed.<\/p>\n
Death had taken place 10 days prior to the post-mortem. Identification of<\/p>\n
the body was very difficult. Constable Bhag Singh PW5 has also stated,<\/p>\n
that the body had been eaten up by insects and it was in a highly<\/p>\n
decomposed condition.      In column No.9 of Inquest Report Ex.PL, the
\n                                                                             4<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
Investigating Officer has also written, that the dead body could not be<\/p>\n
identified.\n<\/p>\n
              Learned counsel has further argued, that the extra judicial<\/p>\n
confession made before Bhupinder Singh PW16 is not trustworthy. In fact<\/p>\n
he has made a false statement before the Court. Bhupinder Singh PW16 is<\/p>\n
neither a relative or friend or an important person in whom the appellants<\/p>\n
would have reposed confidence in, nor is Bhupinder Singh PW16 in a<\/p>\n
position to help the appellants. The recoveries made qua the disclosure<\/p>\n
statements of the appellants are not sufficient to connect the appellants with<\/p>\n
the scene of crime or the weapons of crime. Sukhdev Singh PW14, who<\/p>\n
allegedly identified the appellants, is an implanted witness. He is related to<\/p>\n
the deceased and that is the reason he has given the statement. The motive<\/p>\n
for the commission of the offence is also not proved. In fact there was no<\/p>\n
motive to commit the offence.\n<\/p>\n
              Learned counsel for appellant Darshan Singh has argued, that<\/p>\n
appellant Darshan Singh was a servant of appellant Jagmohan Singh. He<\/p>\n
did not have any motive. He has been unnecessarily roped in being the<\/p>\n
servant of Jagmohan Singh.        There is no evidence, that sulphas was<\/p>\n
administered. In fact Harpal Singh PW11 has categorically stated, that<\/p>\n
appellant Darshan Singh was not a servant and he did not see him working<\/p>\n
with Jagmohan Singh. Harbans Singh DW1 has stated, that on the fateful<\/p>\n
day, Darshan Singh was employed by him, as he was a mason and he was<\/p>\n
working with him.\n<\/p>\n
              Learned counsel for the State has argued, that the testimony of<\/p>\n
Kuldeep Singh PW13 that he knew the family members of Amar Singh for
\n                                                                            5<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
the last 36 years and this itself was sufficient to identify the dead body of<\/p>\n
Surjit Kaur. The dead body was identified by Kuldeep Singh PW13 and one<\/p>\n
Ujagar Singh on 28.3.2005. The motive for the commission of the offence<\/p>\n
was very strong. The extra judicial confession made before Bhupinder<\/p>\n
Singh PW16 is cogent and convincing.\n<\/p>\n
             We have heard the learned counsel for the parties and perused<\/p>\n
the record with their assistance.\n<\/p>\n
             Though the dead body was in a decayed condition, but<\/p>\n
identification had been done by Kuldeep Singh PW13, who was no other<\/p>\n
person than the son-in-law of the deceased. In Inquest report Ex.PL in para<\/p>\n
14, it is shown that there was a chuni around the neck. Deceased was<\/p>\n
having some cloth on her person by which she could be identified. The<\/p>\n
persons, who identified the body when Inquest report Ex.PL was prepared,<\/p>\n
were Jarnail Singh and Mohinder Singh.          They are both independent<\/p>\n
witnesses, though they have not been brought into the witness box, the<\/p>\n
Investigation officer has not been questioned about their genuineness.<\/p>\n
             Bhupinder Singh PW16 has stated categorically and in clear<\/p>\n
terms, that on 30.3.2005 he was present in his house, when appellants<\/p>\n
Swaran Kaur, Jagmohan Singh and Darshan Singh came to his house and<\/p>\n
confessed the murder of Surjit Kaur.      He has stated, that he knew the<\/p>\n
appellants, as he had been visiting the house of the appellants in Village<\/p>\n
Sahoran. Appellants had come to him for the reason, that he knew the SHO<\/p>\n
of Police Station Morinda and they wanted help from him.<\/p>\n
             Sukhdev Singh PW14 has stated in his testimony before the<\/p>\n
Court that, on 22.3.2005 at about 5.30 a.m., he was standing in his fields. A
\n                                                                              6<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
male and a woman came on a motor cycle with a gunny bag. He enquired<\/p>\n
from them. They stated, that there was cotton in the gunny bag.            On<\/p>\n
28.3.2005 he read in the newspapers that a decomposed body had been<\/p>\n
found. He had identified both Jagmohan Singh and Swaran Kaur, when<\/p>\n
they were in police custody, as time had elapsed, he could not identify them<\/p>\n
in Court. It is clear from the statements of these witnesses, that the identity<\/p>\n
of Surjit Kaur had been established by Kuldeep Singh PW13 and by the<\/p>\n
witnesses to Inquest report Ex.PL.      The inquest report was prepared on<\/p>\n
28.3.2005, where the name of Surjit Kaur w\/o Amar Singh is clearly<\/p>\n
mentioned.\n<\/p>\n
             The motive for the commission of the offence has been proved<\/p>\n
by Harpal Singh PW11, where in his testimony before the Court he has<\/p>\n
stated, that on 15.3.2005 deceased Surjit Kaur came to his house and stated,<\/p>\n
that Avtar Singh had not been paying the theka of her land and he should<\/p>\n
intervene. Harpal Singh PW11 met Avtar Singh and Swaran Kaur and<\/p>\n
asked them to pay the amount of theka (Rent) to Surjit Kaur. They gave an<\/p>\n
assurance that they would pay the amount of theka by 20.3.2005. Apart<\/p>\n
from the theka, the bone of contention between the appellants and deceased<\/p>\n
was also the land of Gurmit Singh, who had expired in the year 2003<\/p>\n
without an issue. Gurmit Singh had left 5 bighas of land, which were<\/p>\n
inherited by Surjit Kaur w\/o Amar Singh. The mutation of the land of<\/p>\n
Gurmit Singh was sanctioned vide mutation No.3473 in favour Surjit Kaur.<\/p>\n
To understand the inheritance, the pedigree table is as under: –<\/p>\n
                                Amar Singh
\n                                                                                       7<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
  Surjit Kaur (wife)   Avtar Singh (Son)    Gurnam Kaur         Gurmit Singh (Son)
\n                                           (Daughter)        (expired in the year 2003)<\/p>\n
          Swaran Kaur (wife)    Jagmohan Singh (son)
\n          (Accused)                        (Accused)<\/p>\n
              Accused Darshan Singh is the servant of Avtar Singh.<\/p>\n
              Appellants Jagmohan Singh and Swaran Kaur were not happy<\/p>\n
with Surjit Kaur for taking the property of Gurmit Singh, as they had an eye<\/p>\n
on this property also.\n<\/p>\n
              Kuldeep Singh PW13 has stated in his testimony before the<\/p>\n
Court, that he is on visiting terms with his mother-in-law Surjit Kaur for the<\/p>\n
last 36 years. Gurmit Singh left 5 bighas of land. Out of which, one bigha<\/p>\n
was sold by Surjit Kaur. Four bighas of land was given by Surjit Kaur on<\/p>\n
theka to Avtar Singh at the rate of Rs.4,000\/- per bigha. Avtar Singh had<\/p>\n
not been paying the theka amount. Panchayats had been called. In the<\/p>\n
presence of the panchayat, Avtar Singh, Swaran Kaur, Jagmohan Singh and<\/p>\n
Darshan Singh had threatened Surjit Kaur.                 Appellants Swaran Kaur,<\/p>\n
Jagmohan Singh and Darshan Singh had demanded, that the land be given<\/p>\n
to them, otherwise they would find other ways to take out the land. The<\/p>\n
motive for the commission of the offence has been proved beyond<\/p>\n
reasonable doubt.\n<\/p>\n
              It comes from the evidence as discussed above that the<\/p>\n
appellants committed the murder of Surjit Kaur, because appellants<\/p>\n
Jagmohan Singh and Swaran Kaur were interested in the property of
\n                                                                           8<\/span>
\nCriminal Appeal No. 726 -DB of 2007 and
\nCriminal Appeal No. 612 -DB of 2007<\/p>\n
Gurmeet Singh, which was inherited by Surjit Kaur.       Appellant Darshan<\/p>\n
Singh was the servant of Jagmohan Singh.\n<\/p>\n
            As per the above discussion, we do not find any infirmity in the<\/p>\n
judgment of the learned trial Court.\n<\/p>\n
            Both the appeals i.e. Crl. Appeal No.726-DB of 2007 filed by<\/p>\n
appellants Jagmohan Singh and Swaran Kaur and Crl. Appeal No.612-DB<\/p>\n
of 2007 filed by appellant Darshan Singh are dismissed.         If on bail,<\/p>\n
appellants are directed to surrender before the C.J.M.\/Duty Magistrate,<\/p>\n
Ropar to undergo the remaining part of their sentence.<\/p>\n
\n\n\n                                            (MEHTAB S.GILL)\n                                                JUDGE\n\n\n\n                                                (L.N.MITTAL)\nFebruary 19, 2009                                  JUDGE\nSKArora\n\n\n\n\n            WHETHER TO BE REFERRED TO REPORTER? YES\/NO\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court ) Criminal Appeal No. 726 -Db Of … vs The State Of Punjab on 19 February, 2009 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Criminal Appeal No. 726 -DB of 2007 Dated of Decision:- February 19 , 2009 Jagmohan Singh and another ….APPELLANTS VERSUS The State of Punjab […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-269148","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\n) Criminal Appeal No. 726 -Db Of ... vs The State Of Punjab on 19 February, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/criminal-appeal-no-726-db-of-vs-the-state-of-punjab-on-19-february-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\") Criminal Appeal No. 726 -Db Of ... vs The State Of Punjab on 19 February, 2009 - 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