Avtar Singh and Another vs State of Punjab

Harbans Lal, J.—This judgment shall dispose of Criminal Appeal No. 699-DB of 2004 preferred by Avtar Singh and Dilbagh Singh as well as Criminal Appeal No. 700-DB of 2004 tiled by Pargat Singh directed against the judgment/order of sentence dated 19th July. 2004 rendered by the Court of Additional Sessions Judge (Adhoc), Amritsar. whereby he convicted and sentenced Avtar Singh. Pargat Singh and Dilbagh Singh-accused/ appellants to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 2,000/- each u/s 376(g) of IPC and further sentenced each of them to undergo life imprisonment and to pay fine of Rs. 5.000/- each or in default thereof the defaulter to further undergo rigorous imprisonment for 6 months u/s 302/34 of IPC with a further direction that the sentences shall run concurrently.

The facts giving rise to this occurrence are that on 3rd February. 2001, Manjinder Kaur, her brother Yadvinder Singh and their other brother and sister and their mother Jagdish Kaur were present at their house. At about 6.00 P.M..-accused Avtar Singh and Pargat Singh came there. At that time. Tarlok Singh, husband of Jagdish Kaur was present at the house of Jarnail Singh of his village in connection with the marriage of his (Jarnail Singh) daughter. Accused Avtar Singh inquired from Manjinder Kaur and others about Tarlok Singh. Jagdish Kaur asked from them as to what they were to say to him. Pargat Singh told her that they had some work with Tarlok Singh and they went back. At about 7.00 P.M.. Tarlok Singh came to his house. He was informed about the visit of Avtar Singh as well as Pargat Singh to the house. Tarlok Singh told his wife and other members that both the accused were with him at the house of Janyul Singh in connection with the marriage. Thereafter, Tarlok Singh went to sleep. Manjinder Kaur, her other sister, her brother and Jagdish Kaur were sitting at the house while watching Television when at about 10.30 P.M., Avtar Singh. Pargat Singh and Dilbagh Singh accused came there. Jagdish Kaur protested saying that they had no business to come there at that time and she was not to listen to them. Then all the three accused pounced upon her, pushed her and placed hand on her mouth and dragged her to take her out. At the same time, accused threatened to kill Manjinder Kaur and others in case of their making noise. Out of fear, they did not raise noise and remained sitting inside the house. They tried in vain to wake up Tarlok Singh. On the next morning, when Tarlok Singh woke up and gained consciousness. Manjinder Kaur and Yadvinder Singh narrated the occurrence to him. They all tried to make search to find out Jagdish Kaur. They found her dead body lying in the nearby fields, the head of the deceased was found completely smashed. which was lying there. The) suspected that after committing rape, she was murdered. They called Gurmej Singh. Ex-Sarpanch of the Village, who is also the brother of Tarlok Singh. Leaving Tarlok Singh at the place of occurrence, Manjinder Kaur, accompanied by Gurmej Singh, was going to the Police Station, when on the way at the Bus Adda of Gobindgarh Manochahal Khurd, SI Baldev Singh, PW10 met them. He recorded the statement of Manjinder Kaur and made his endorsement thereunder and sent the same to the Police Station, where FIR was recorded. He accompanied by Manjit Kaur and other officials went to the place of occurrence. He prepared the inquest report on the dead body of Jagdish Kaur and dispatched the dead body for postmortem examination along with a request. He lifted the blood stained earth from the scene of crime and turned the same into a sealed parcel. He took the same into possession. He prepared the rough site-plan showing the place of occurrence. He seized 4 bricks, broken pieces of bangles and one Salwar, On return to the Police Station, he deposited the case property with MHC with seals intact. He also seized clothes of the deceased which were produced before him after post-mortem examination. After completion of investigation, the charge-sheet was laid in the Court of llaqa Magistrate.

On commitment, the accused were charged u/s 376 (g) and Section 302 read with Section 34 of IPC, to which they did not plead guilty and claimed trial.

In order to substantiate its allegations, prosecution has examined Dr. Tejwant Singh, PW1, HC Baljinder Singh, PW2, HC Gurdial Singh, PW3, Constable Baljit Singh, PW4, HC Janak Raj, PW5, Manjinder Kaur, PW6, Constable Sukhwinder Raj, PW7, Dr. Harpoonam Manku, PW8, Inspector Joginder Singh, PW9, Inspector Hardev Singh, PW10, Rishi Ram Draftsman, PW11 and Yadwinder Singh, PW12.

On close of the prosecution evidence, when examined u/s 313 of Criminal Procedure Code, all the three accused denied the incriminating circumstances appearing in the prosecution evidence against them. They have come up with the plea that they have been involved in this case on the basis of suspicion. They did not adduce any evidence in defence.

After hearing the learned Additional Public Prosecutor for the State as well as learned defence counsel and examining the prosecution evidence, the learned trial Court convicted and sentenced the accused, as noticed at the outset. Feeling aggrieved with the impugned judgment/order of sentence, the accused have preferred this appeal.

We have heard Mrs. G.K. Mann, Learned Counsel for the appellants and Mr. A.S. Jattana, learned Additional Advocate General, Punjab, besides going through the record with due care and circumspection.

Mrs. G.K. Mann, Advocate appearing on behalf of the appellants, eloquently urged that the story put forth by the prosecution is highly improbable for the reason that in case the occurrence had taken place in the alleged manner, then Manjinder Kaur, PW and other members of the family could have immediately called their uncle Gurmej Singh, Ex-Sarpanch, who is their neighbor.

To overcome this submission, Mr. A.S. Jatt