Sarwan Singh vs State of Punjab

M.L. Singhal, J.

On 17th of February, 1995 Mangal Singh son of Ram Singh of village Ghuman informed Balwinder Singh alias Billu at his house that the dead body of Gurmej Singh alias Geja was lying on the ''Kacha passage'' which leads to the Dera. On that information Balwinder Singh alias Billu alongwith Mangal and Raghubir Singh reached there and found the dead body of his brother Gurmej Singh alias Geja lying covered with Shawl. There were injury marks on the face, forehead and eyes. There was the ligature mark on the neck. On the statement of Balwinder Singh alias Billu, this case was registered. Only evidence operating against the petitioner is the extra judicial confession which was alleged to have been made by before Karam Singh S/o Dhiman Singh on 17.2.1995 and Raghubir Singh S/o Basant Singh on 18.2.1995. It has been submitted by the learned counsel for the petitioner that the extra judicial confession alleged to have been made cannot be said to be genuine as if the accused had made any extra judicial confession before Karam Singh on 17.2.1995, he would have gone to the house of Gurmej Singh alias Geja and informed his brother Balwinder Singh alias Billu or some other member of the family that his brother had been murdered by Sarwan Singh

It has been next submitted that the extra judicial confession by itself cannot form the basis of conviction. It can be a piece of evidence. It can be taken alongwith other pieces of evidence, if any. Keeping in view the facts and circumstances of the case, I deem it proper to allow bail to the accused. Bail allowed to the accusedpetitioner, subject to the satisfaction of the trial court at Gurdaspur.