State of Punjab vs Bakshish Singh

S.D. Bajaj, J.—Smt Balbir Kaur widow of Jagir Singh (now deceased) stated to the police in Police Station, Kartarpur, of Jalandhar district in Punjab State at 7 15 P.M. on 29th July, 1974 vide First Information Report Exhibit PG/2 as follows :

"Today at about 3.00/4 00 P.M., I alongwith my husband Jagir Singh s/o Bhola Singh with my three children boarded a tempo from village Kuria and proceeded towards village Bhogpur in order to fetch medicine for the children. My elder son Raj aged 7/8 years and my uncle Sodagar Singh s/o Hazara Singh r/o village Sanaur, who had come to us in order to enquire about the health of children, also accompanied us in a tempo. When we covered a distance of about 6/7 killas towards the village Jamalpur, we found Kishan Singh, Malook Singh sons of Sham Singh and Bakhshish Singh son of Kartar Singh residents of Kurala standing on the road. They stopped the tempo and boarded the same. When we reached village Jamalpur the driver stopped the tempo and went away to bring water in order to pour the same in the tempo. Then Bakhshish Singh took out a dagger from the pocket of his pant and while saying "Jagiria get ready" immediately gave a blow to my husband in his left flank and chest. Malook Singh and Kishan Singh dragged him down from the tempo. Bakhshish Singh gave two more blows of the dagger on the front side of his neck. My uncle, children and I raised a raula to the effect ''Mar Ditta'', ''Mar Ditta'' (killed, killed). Then three of them viz Kishan, Malook Singh and Bakhshish Singh fled away. Letter on they did not come forward. Neither myself nor my uncle went forward because they were threatening that whosoever come forward would be done to death The, cause of grudge is that Gurbachan Singh was sarpanch of the village for the last ''20/22''years and this time my husband became Sarpanch. Besides this we do not have any other dispute They have nursed a grudge for this and getting an opportunity have killed him. I had sent a message to my devar (Husband''s younger brother) Chana Singh who arrived there on receipt of an information and I after taking him along was going to police post Bhogpur in order to lodge a report that you met me on the way. I have left my uncle Sodagar Singh at the place of occurrence in order to guard the dead body. We may be helped."

Main accused Bakhshish Singh was charged under section 302 of the Indian Penal Code while coaccused Kishan Singh and Malook Singh were both charged under section 302 read with section 34 of the Indian Penal Code. Learned trial court acquitted the two coaccused vide order Exhibit DC dated 19th August, 1975 Thereafter the main accused Bakhshish Singh also surrendered before the learned trial court, raised a plea of not guilty to the charge framed against him and was, therefore, tried separately. Vide its impugned judgment dated Ist June, 1981 learned trial court, however, acquitted him of the charge under section 302 of the Indian Penal Code. Feeling aggrieved from the judgment of acquittal aforesaid dated Ist June, 1981 the State of Punjab has filed Criminal Appeal No. 50DBA of 1982 in this Court.

We have heard Shri Randhir Singh, A. A.G. Punjab for the State appellant assisted by Shri R.S. Rai, Advocate, for the complainant party, Shri H.S. Sandhu, Senior Advocate, with Sarvshri K. S. Ahluwalia and R.S. Sandhu, Advocates, for the accused and have carefully perused the relevant record.

First Information Report of the occurrence was recorded at 7.15 P.M. on 29th July, 1974. Special report of the occurrence reached the Ilaqa Magistrate at 9.55 A.M. on 9th July, 1974 i.e. 14 hours and 40 minutes after the recording of the First Information Report. In terms of the Supreme Court observations in The State of Punjab v. Tarlok Singh, AIR 1971 SC 1221 and Ishwar Singh v State of Uttar Pradesh, AIR 1976 SC 2423 the reasonable conclusion is that the First Information Report was in fact, recorded much late and afforded to the prosecution adequate time to introduce improvements and embellishments and set up a distorted version of the occurrence. The relevant observations read :

"The copy of the First Information Report purported to have been lodged at 3.45 P.M did not reach the Magistrate at Dasuva till 8 A.M. the next day, even though it was sent through a special messenger. The distance between the scene of occurrence and Dasuya was only 15 or 16 miles. The inference sought to be drawn is that, in fact, the report was not lodged at 3.45 P.M. but at a much later hour, after the police had arrived at the scene of occurrence and there were consultations to decide what version should be put forward and who should be implicated for the murder. The prosecution, in fact, made no attempt to explain this delay. Such delay, thus casts doubt on the prosecution version that the report was lodged at 3.45 P M. without unnecessary lapse of time.

Delay in despatching the FIR to the Magistrate is a circumstance which provides a legitimate basis for suspecting that the first information report was recorded much later than the stated date and hour affording sufficient time to the prosecution to introduce improvements and embelishments and set up a distorted version of the occurrence."

Beside''s it failure of the prosecution to connect Bakhshish Singh accused with defeated Ex. Sarpanch Gurbachan Singh negatives the evidence of alleged motive for the heinous crime attributed to the accused. Giving up of Kehar Singh tempo driver as won over also speaks volumes against the prosecution because he was the only competent independent witness who could unfold the prosecution version before the learned trial court. Presence of Sudagar Singh and Smt. Balbir Kaur, both interested eyewitnesses at the place of occurrence is obviously a made up affair; more so when it has not been proved on record that any of the children of Jagir Singh (now deceased) through Smt. Balbir Kaur was, in fact, ill on the date of occurrence with Cholera and if so, what happened to the ailing child after the occurrence, There is no explanation forthcoming as to why did accused Bakhshish Singh not kill Jagir Singh (now deceased) on the deserted way, when he stopped the tempo for boarding it and committed the murder of Jagir Singh deceased in the populated bus stop at Jamalpur. All these infirmities render the prosecution case against accused Bakhshish Singh to be of a doubtful nature and suspicious character. The accused was rightly afforded the benefit of doubt by the learned trial court in its impugned judgment dated Ist June, 1981 and there is no scope to tinker with the findings of the learned trial court in the present appeal against acquittal.

Dismissed