Criminal Appeal No.197-DB of 2007 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Bhajan Singh APPELLANT VERSUS The State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE L.N.MITTAL Present:- Shri Aseem Rai, Advocate for the appellant. Shri S.S.Gill, Additional A.G. Punjab. MEHTAB S.GILL, J. This is an appeal against the judgment/order dated 13.10.2006/ 17.10.2006 of the learned Additional Sessions Judge, Moga whereby he convicted Bhajan Singh son of Karnail Singh under Sections 302,364,379,201 I.P.C. and sentenced him to undergo imprisonment for life, 5 years RI, 1-1/2 years RI, 4 years RI respectively. Further, he was directed to pay fines of Rs.5000/-, 3000/-, 500/- and 2000/- respectively and in default, to further undergo RI for 6 months, 3 months, 1 month and 2 months respectively. All the sentences were ordered to run concurrently. The case of the prosecution is unfolded by the statement of Kalyan Criminal Appeal No.197-DB of 2007 -2- Singh Ex.PC given to SI Raman Kumar at Police Station Sadar, Moga on 28.5.2003 at 6 p.m. in the area Ghall Kalan. Kalyan Singh stated that he is a resident of Village Damuwal P.S. Hazipur District Hoshiarpur and they are 7 brothers. He is the fourth child of his parents. His brother Vikram Singh is the fifth child of his parents. Vikram was working as a Cleaner on truck No.PB-07-A- 9998 of which Manohar Lal son of Shanker Dass was the Driver. Kalyan Singh is married at Ludhiana. On 23.5.2003 he had come to Ludhiana to meet his in-laws. At about 7.30 p.m. he received a telephonic call from Vikram Singh who told him that he was in Ludhiana to deliver goods. He had a friend Bhajan Singh son of Karnail Singh resident of Landeke whom they had to drop near Moga. He further stated that after dropping him at Moga, then they will go to their village via Jalandhar. Kalyan Singh told him that he has to go to Amritsar, so he would also accompany him till Moga. Kalyan Singh reached East India Transport Co. Ludhiana where he met Vikram Singh, Manohar Lal Driver and Bhajan Singh. Bhajan Singh had visited their house on previous occasions also. Kalyan Singh knew him personally. Kalyan Singh sat in the truck. All the four then went to Moga. When the truck reached Kotkapura Byepass Moga at about 10 p.m. Kalyan Singh got down and boarded a bus to go to Amritsar. On 27.5.2003 Kalyan Singh read in the newspaper that Vikram Singh's truck No.PB-07-A-9998 was recovered from Bhajan Singh son of Karnal Singh resident of Landeke by the police of Police Station Sadar, Moga. After reading the news, Kalyan Singh enquired from his house about Vikram Singh and Manohar Lal on telephone, but he was told that Vikram Singh and Manohar Lal had not reached the house. On 28.5.2003 Kalyan Singh along with Rachpal Sarpanch of their Village and Bishamber Singh Sarpanch of Village Ghugwal went to Police Station Sadar, Moga, to verify the news. Kalyan Singh further stated that he was sure that on 23.5.2003 after he had got down from the truck, Bhajan Singh kidnapped Vikram Singh and Manohar Lal Criminal Appeal No.197-DB of 2007 -3- with an intention to kill them. He had concealed them somewhere or murdered them. Both, in fact, had to go to Village Landeke to drop Bhajan Singh, but till date they have not come back. On the basis of this statement, F.I.R. Ex.PC/2 was recorded on 28.5.2003 at 6.15 p.m. and the special report reached the Duty Magistrate on 28.5.2003 at 9 p.m. The prosecution to prove its case, brought into the witness-box Bishamber Dass PW-1, Kalyan Singh PW-2, Manish Kumar Ahlmad PW-3, ASI Ram Singh PW-4, Balwinder Singh PW-5, Gursevak Singh PW-6, Kuldeep Singh Clerk PW-7, Rajesh Kumar PW-8, SI Raman Kumar PW-9, HC Jarnail Singh PW-10, MHC Gurmail Singh PW-11, Jai Singh PW-12, Paramjit Kaur PW-13, Ashok Kumar PW-14 and Bhag Singh PW-15. Learned counsel for the appellant has argued that before recording of the F.I.R. Ex.PC/2, two FIRs i.e. F.I.R. No.62 dated 25.5.2003 and F.I.R. No.64 dated 25.5.2003 was recorded against the petitioner for scraching of the colour of the truck and for the illegal possession of 3 kgs. of opium with appellant Bhajan Singh. Appellant Bhajan Singh was arrested on 25.5.2003 while scraching the number and colour of the stolen truck. F.I.R. Ex.PC/2 came into existence on 28.5.2003. It clearly shows that appellant was in the custody of the police when F.I.R. Ex.PC/2 came into existence. He has been falsely implicated in the double murder of Vikram Singh and Manohar Lal after their alleged abduction. It was a case of blind murder and the police could not find the actual culprit so they falsely implicated the appellant. No worthwhile evidence has come on record. Appellant Bhajan Singh did not abscond. Defacement of the truck has not been proved. Disclosure statements Exs.PA and PF are not admissible, as they are incriminating against the appellant. Dead-bodies were not recovered. The extra-judicial confession is only against the acquitted accused Sukhbir Singh. Learned counsel for the State has argued, that the last seen evidence Criminal Appeal No.197-DB of 2007 -4- as stated by Kalyan Singh complainant PW-2 and the disclosure statement made of the dead-body before Bishamber Dass PW-1 amply prove the case of the prosecution. Truck No.PB-07-A-9998 was recovered from the possession of Bhajan Singh who did not have any explanation as to how did he have the possession of the said truck and as to why was he trying to rub the number and colour. In F.I.R. Ex.PC/2 which is the first version, appellant has been named for kidnapping both Vikram Singh and Manohar Lal. We have heard the learned counsel for the parties and perused the record with their assistance. The statements of Bishamber Dass PW-1 and Kalyan Singh PW-2 coupled with appellant Bhajan Singh being named in F.I.R. Ex.PC/2 show the involvement of appellant Bhajan Singh in the murder of Vikram Singh and Manohar Lal. Bishamber Dass PW-1 has stated that after the arrest of Bhajan Singh, he made a disclosure statement and took the police party and Bishamber Dass PW-1 to Village Chahilan. Appellant Bhajan Singh pointed out where the dead-bodies were thrown into the Rajasthan feeder. Kalyan Singh PW-2 brother of deceased Vikram Singh who was the Cleaner of the truck, has systematically spelt out the events as they unfolded. He has stated on oath that his brother Vikram Singh was working as Cleaner on truck No.PB-07-A-9998. On 23.5.2003 he had gone to Ludhiana to see his in-laws. At about 7.30 p.m. he received a telephone call from his brother Vikram Singh. Vikram Singh stated that he should see him at East India Transport Company Ludhiana where he was unloading goods. He went there and met his brother Vikram Singh. Manohar Lal and Bhajan Singh were also present. Bhajan Singh was introduced to Kalyan Singh PW-2 by his brother. Deceased Vikram Singh asked Kalyan Singh PW-2 as to where he had to go. Kalyan Singh replied that he had to go to Amritsar. Vikram Singh told Kalyan Singh to accompany them and he would drop him at Kotkapura Criminal Appeal No.197-DB of 2007 -5- Chowk Moga from where he could go to Amritsar. After reaching Kotkapura Chowk where Kalyan Singh PW-2 was dropped, all the three i.e. Vikram Singh, Manohar Lal and appellant Bhajan Singh went towards Village Landeke. Kalyan Singh PW-2 left for Amritsar. It was on 28.5.2003 that he read in the newspaper that the Driver and Cleaner of truck No.PB-07-A-9998 had been murdered. He along with the Sarpanch of the village went to Moga. The statement of Kalyan Singh PW-2 is cogent and inspires confidence. All the three i.e. Vikram Singh, Manohar Lal and Bhajan Singh were last seen in the company of each other by Kalyan Singh PW-2. SI Raman Kumar PW-9 the Investigating Officer has stated in his testimony, that the spot where the dead-bodies were thrown into the Rajasthan feeder by appellant Bhajan Singh, was identified by him (accused). Memo of identification Ex.PB and the rough site plan Ex.PJ was also prepared by him in front of the witnesses. This witness also corroborates the statements of both Bishamber Dass PW-1 and Kalyan Singh PW-2. We do not find any infirmity in the judgment of the learned trial Court. Appeal is dismissed. ( MEHTAB S.GILL ) JUDGE ( L.N.MITTAL ) February 6, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO.