Murder Reference No.3 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : May 12, 2010 (i) Murder Reference No.3 of 2008 The State of Punjab .…Prosecutor Versus Manjit Singh and others .…Respondents Present : Shri H.S.Brar, Add. Advocate General, Punjab, for the Public Prosecutor. Shri Khushaldeep Singh Sandhu, Advocate for Respondents No. 1 to 3. Shri R.S.Cheema, Sr. Advocate, with Mr. J.S.Mehandiratta, Advocate, for the respondent No. 4. Shri S.S.Salar, Advocate, for the complainant. (ii) Criminal Appeal No.7-DB of 2008 Manjit Singh and others ....Appellants Versus The State of Punjab ....Respondent Present : Shri Khushaldeep Singh Sandhu, Advocate, for the appellants. Shri H.S.Brar, Add.AG, Punjab, for the respondent. Mr. S.S. Salar, Advocate, for the complainant. (iii) Criminal Appeal No.25-DB of 2008 Harjinder Singh ...Appellant Versus [1] Murder Reference No.3 of 2008 The State of Punjab ...Respondent Present : Mr. R.S.Cheema, Sr. Advocate, with Mr. J.S.Mehandiratta, Advocate, for the appellant. Mr. H.S.Brar, Add.AG, Punjab, for the respondent. Mr. S.S. Salar, Advocate, for the complainant. CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE JASWANT SINGH HEMANT GUPTA, J. This order shall dispose of Murder Reference No.3 of 2008, Criminal Appeal Nos.7-DB of 2008 and 25-DB of 2008 arising out of judgment of conviction dated 11.12.2007 vide which Manjit Singh son of Jaswant Singh, Satwant Singh son of Hakam Singh, Harwinder Singh @ Binder Singh son of Ajit Singh and Harjinder Singh son of Dalip Singh were convicted for the culpable homicide amounting to murder of Baghel Singh son of Harjinder Singh (aged 20 year) and order of sentence dated 19.12.2007 sentencing the above- named accused to death, subject to confirmation of this Court. Criminal Appeal No.7-DB of 2008 has been preferred by Manjit Singh, Satwant Singh and Harwinder Singh (hereinafter referred as ‘the assailants’) and Criminal Appeal No.25-DB of 2008 has been filed by Harjinder Singh against the judgment of conviction and order of sentence. The prosecution case was set in motion on the letter (Exhibit P.1) of one Manandeep Singh addressed to the Principal, Lala Lajpat Rai Memorial Polytechnic, Ajitwal, Moga on 22.1.2003. Manandeep Singh, a student of the aforesaid college, has reported in respect of incident happened at about 9.15 PM on 21.01.2003. He has stated that yesterday night, Baghel Singh, a student of college [2] Murder Reference No.3 of 2008 (Roll No.308/2K) met him at STD booth. He made a telephone call from that STD booth. After call, he had his dinner at Babu Chicken Center. He was with him all this time. Then he came to Sandhu Patti Gurudwara alongwith him from where they went to their respective rooms. At about 10.15/10.30 PM, Baghel Singh came running to his room and told him that 4-5 persons are drinking liquor in his room by breaking upon the locks. He has come after closing door earl and requested him to call landlord and that he is going to his room. Manandeep Singh went to the house of his landlord. Due to night time, all of them were sleeping and none responded. Thereafter, he went towards his (Baghel Singh) room. A person came out and asked him to go from the spot. The said person went towards G.T. road. He went to his room. In the morning, he went to the room of Baghel Singh, but found him absent. Door of his room was lying broken. He felt that things are not right. He sought action be taken. The Principal of the college forwarded the letter to the SHO, P.S. Mehna. On the basis of such communication, SI Ajaypal Singh SHO, P.S.Mehna, sent ruqa Exhibit P.12 to the Police Station at about 3.30 PM for registration of FIR. FIR Exhibit P.13 for the offences punishable under Sections 363/452/149 IPC was lodged at 4.00 PM. On 22.1.2003 itself, SI Ajaypal Singh recorded statement of Manandeep Singh under Section 161 Criminal Procedure Code ( for short referred as Code) Ex P-2. It has been recorded that at the time of writing of application submitted to the Principal Nar Singh Dass Aggarwal, he was nervous and he could not state complete facts. Manandeep Singh in his statement recorded under Section 161 of the Code stated that on 21.1.2003 he returned back to Ajitwal from Ludhiana after his practical training. At about 7.30 PM, he came to bus-stand for tea, where Jugraj Singh @ Guggi son of Jaswant Singh, [3] Murder Reference No.3 of 2008 resident of Ajitwal, Manjit Singh @ Sodhi and two young persons out of whom one was sikh and the other was Hindu (mona) came in a Esteem car of white colour bearing No.DL-9C-4915. They asked him, whether Baghel Singh or any of his room partners is in the room or not. He told Jugraj Singh etc. that none of them is here today, they might come tomorrow as the classes are to be started tomorrow. Thereafter, these four persons went to village in their car and after having tea, he came to his room. At about 9.00 PM, he came to the market to make a call to his home, then Baghel Singh, who is studying in Polytechnic College with him and residing in a room rented out by Jugraj Singh @ Guggi, met him at STD booth. Both of them made calls to their respective homes from the said booth. Thereafter, Baghel Singh had his dinner at Babu Chicken Centre. It was further stated that when he reached near Sandhu Patti Gurudwara, he saw the same white colour Esteem car of above said number coming out from the house of Jugraj Singh @ Guggi, which was being driven by Manjeet Singh Sodhi whereas Jugraj Singh @ Guggi was sitting on adjoining seat. The investigating officer went to the spot, prepared rough site plan on the same date i.e. 22.1.2003. He found that 6/7 students were residing as tenants in three rooms of Jugraj Singh son of Jaswant Singh. He observed blood stains on cement in which wooden planks were affixed. Exhibit P.3 is the recovery memo of blood stained cement of the door and sample cement from the spot. The same were put in two plastic boxes, converted into parcels and sealed with the seal ‘APS’. The seal was handed over to ASI Surjit Singh. Manandeep Singh is one of the attesting witness of such recovery. The investigating officer also found four glass tumblers on a bench in the room of Baghel Singh and a bottle of country made [4] Murder Reference No.3 of 2008 liquor from which, the substantial liquor was found consumed. He also observed finger prints on glass tumblers and on liquor bottle. Exhibit P.14 is the recovery memo of four glasses from the spot lying on wooden bench. Said glasses were kept in wooden boxes and converted into parcels, sealed with the seal ‘APS’. Exhibit P.15 is the recovery memo of bottle with label of ‘Santra’ Marka liquor from the spot. The same was also kept in a wooden box, converted into parcel and sealed with the seal ‘APS’. The Investigating Officer also found foot prints on earth and unpaved portion of courtyard. Exhibit P.16 is the recovery memo of four different foot moulds prepared with the help of P.O.P of the foot prints found by the IO. The moulds prepared were converted into four different parcels sealed with seal ‘APS’. Exhibit P.17 is the recovery memo of one broken lock, one turban of black colour and three wooden sticks also found in the room of Baghel Singh. The same were converted into separate parcels and sealed with the seal ‘APS’. The seals of parcels Exhibit P.14 to P.17 were handed over to Harjinder Singh. All these recoveries effected on 22.1.2003 are in the presence of Harjinder Singh (accused-appellant) except that of sample cement and blood stained cement from the room, which are witnessed by Manandeep Singh. The IO recorded statement of Harjinder Singh, Manandeep Singh and ASI Surjit Singh, another witness of the recoveries on 22.1.2003 under section 161 of the Code. On 26.1.2003, SI Ajaypal Singh, the Investigating Officer recorded the statements of Bhajan Singh (at page 331 of LCR) and Surjit Singh (at page 127 of LCR) both from Kapurthala, the area of accused Harjinder Singh when he was present at bus-stop Ajitwal. The said statement of Bhajan Singh is to the effect that on 21.1.2003, he along with Surjit Singh was going from Jagraon to Kapurthala by his private jeep after doing his private work. Surjit Singh told him that [5] Murder Reference No.3 of 2008 they have to meet a well known boy, who is studying in Lala Lajpat Rai Memorial Polytechnic these days and is living in a rented room. At 10.30, when they reached near the rented room of Jaipal Singh at Ajitwal, three persons were putting a young boy in a vehicle bearing Registration No. DL9C4915. Fourth young boy turned back on them. Surjit Singh asked one of the young boys as to what happened to him. It was replied that he is Baghel Singh, student of Lala Lajpat Rai Memorial Polytechnic and is seriously ill and they were taking him to the Doctor. Exhibit P.39 is the statement of one Balwinder Singh son of Jangir Singh recorded on 28.1.2003. He disclosed that he has found a totally naked headless dead body, lying near opening of pacca khal on right side. Such dead body was found near the electric motor at about 11.00 AM. He informed about the dead body to Ruldi Singh son of Chaggar Singh resident of Village Buraj Hari Ka. Thereafter, both of them came to the village and informed the respectables, who asked them to inform at police post. On the way, ASI Satya Parkash met them and recorded his (Balwinder Singh) statement. On the basis of such statement, ruqa Exhibit P.40 was sent to the Police Station Sadar, Kot Kapura for registration of FIR at about 12.10 PM. FIR No.12 dated 28.1.2003 under Section 302 IPC was registered. Exhibit P.3 is the inquest proceedings prepared by ASI Satya Parkash on 28.1.2003 before sending the dead body for post-mortem examination with a note that after post-mortem thumb and finger print marks be taken, so that whereabouts of the unknown person be located. Vide Exhibit P.42/42-A, ASI Satya Parkash sought post- mortem examination from the Doctor Incharge of G.G.S. Medical College & Hospital, Faridkot at about 3.00 PM. PW11-Dr. A.S. Thind [6] Murder Reference No.3 of 2008 has conducted post mortem examination, the report of which is Exhibit P.1. It was on 29.1.2003, on an information received from the Police Station Sadar, Kot Kapura, that a headless body has been found, SI Ajaypal Singh informed the mother of deceased Baghel Singh, requiring her to come present. She alongwith her sister, sister’s husband Dr. Pritam Singh and some students including Manandeep Singh went to identity dead body. Vide Exhibit P.44 Ramandeep Singh son of Natha Singh and Gaganpreet Singh son of Surinder Pal, students of Lala Lajpat Rai Memorial Polytechnic, Ajitwal, identified the unknown dead body as that of Baghel Singh son of Harjinder Singh, student of Lala Lajpat Rai Memorial Polytechnic, Ajitwal, on the basis of identification marks mentioned therein. Exhibit P.45 is the identification memo by which Charanjit Kaur wife of Harjinder Singh identified the unknown dead body as that of Baghel Singh from the identification marks mentioned therein. Exhibit P.46 is the identification memo by which Kiranjit Kaur wife of Pritam Singh identified the unknown dead body as that of Baghel Singh, her nephew (Bhanja). Exhibit P.47 is the identification memo of the dead body as that of Baghel Singh by Pritam Singh husband of Kiranjit Kaur, as his brother-in-law’s son. Vide Exhibit P.49, the dead body was received by SI Ajaypal Singh, SHO, P.S.Mehna. Exhibit P.50 is the cancellation report in respect of FIR recorded with Police Station Sadar, Kot Kapura as FIR No.3 dated 22.1.2003 for the offences under Sections 365/452/149 IPC has been registered in Police Station Mahena. On 29.1.2003, Sub Inspector, Ajay Pal Singh, SHO, Police Station, Mehna, has sought samples from the dead body as well as of the mother of the deceased, Charanjit Kaur, for DNA test by making a [7] Murder Reference No.3 of 2008 request to Guru Gobind Singh Medical College & Hospital, Faridkot vide Exhibit P.26. Blood sample of Harjinder Singh was requested to be taken by the Investigating Officer on 14.2.2003 vide Exhibit P.8. The blood donation card for the purposes of DNA test of Baghel Singh is Exhibit P.6, whereas that of Charanjit Kaur is Exhibit P.5 and Harjinder Singh is Exhibit P.7. Exhibit P.30 is the report of the Central Forensic Science Laboratory, Calcutta in respect of samples for DNA test. It was concluded by the Senior Scientific Officer that the unidentified dead body cannot be excluded from being the offspring of Charanjit Kaur and Harjinder Singh. On 7.2.2003, on the basis of secret information, an FIR No. 27 was recorded by the police of Police Station Jagraon for the offences under Sections 399, 402 IPC and under Section 25 of the Arms Act, 1959. In the aforesaid FIR, the three present assailants and one Sikandar Singh son of Chanan Singh; Harvinder Singh alias Chidda son of Bhajan Singh and Chhinda son of Bhajan Singh, were apprehended. A 12 bore country made pistol was recovered from Manjit Singh (one of the assailants). In respect of possession of the said country made pistol, FIR No. 28 dated 7.2.2003 was lodged in Police Station Jagraon. A country made 315 bore pistol was recovered from Harwinder Singh son of Ajit Singh, one of the assailants in the present case. FIR No. 29 dated 7.2.2003 for the offence under Section 25 of the Arms Act, 1959 was lodged in respect of the said country made pistol. The police of Police Station Jagraon recovered gold karra, finger ring and a wrist watch marked pulsar on 7.2.2003, while effecting personal search of accused Harwinder Singh in FIR No. 27 dated 7.2.2003. The identification of such articles was carried out by the police of Police Station Jagraon on 18.2.2003 in the presence of Tehsildar Jagraon. Such identification report of the articles is Exhibit [8] Murder Reference No.3 of 2008 D.12. The said report, inter-alia, is to the effect that Harjinder Singh admitted that these articles pertain to his son deceased Baghel Singh. Ramesh Kumar, the jeweler of Mohalla Shergarh, Kapurthala, admitted that karra and ring are made at his shop and purchased by Harjinder Singh. Harjinder Singh accused is one of the attesting witness of such recovery process. During the investigation in the aforesaid FIR lodged by the police of Police Station Jagraon, the involvement of the appellants in the death of Baghel Singh came to surface. The SHO, Police Station, Mehna, moved an application before the Judicial Magistrate, Ludhiana, for arrest and production of the appellants before the learned Illaqa Magistrate, for the purposes of investigation in the FIR in question. The Court permitted the accused to be arrested in FIR in question on 14.2.2003 and to be produced before the Illaqa Magistrate on 15.2.2003 at 10 a.m. In pursuance of such permission granted, the assailants were arrested and further investigations made. The samples of finger prints and foot prints of the assailants were taken by the police of Police Station Mehna. Exhibits P-34, P-35 and P-36, are the recovery memos of shoes worn by accused Harjinder Singh, Satwant Singh and Manjit Singh respectively dated 14.2.2003. The fingerprints of right and left hands of Harwinder Singh @ Binder; Satwant Singh were obtained vide Exhibits P-57 & P-58 and Manjit Singh vide Exhibits P.59 & P.60. The said samples were compared by the Finger Print Bureau, Phillaur on 28.5.2003. Exhibits P.61 is the report of the Finger Prints Bureau, Phillaur. On 15.2.2003, Satwant Singh @ Satta, one of the assailants made a disclosure statement (Exhibit P.19) that ‘Dah’ used for cutting the head of deceased Baghel Singh was kept concealed by him near Dangia bridge underneath the banyan tree, regarding which [9] Murder Reference No.3 of 2008 he only was knowing and could get the same recovered. Exhibit P.20 is the disclosure statement of Harwinder Singh which is to the effect that the knife with which he had given blows on abdomen of Baghel Singh was kept concealed under the bushes near Dangia bridge and he could get the same recovered. On the basis of such disclosure statements i.e. Exs.P-19 and P-20, Dah and knife were recovered vide recovery memos Exs.P-22 and P-24 respectively. The sketches of Dah and knife are Exs.P-21 and P-23 respectively. Such items of the case property were deposited with Moharir Head Constable, Police Station Mehna. Accused Manjit Singh and Harwinder Singh stand convicted for possessing arms arising out of FIR Nos. 28 and 29 lodged at PS Jagraon vide order dated 14.7.2005 (Ex C-4) and 20.10.2008 (Ex C-6) respectively passed by the learned Additional Sessions Judge, Ludhiana. All other accused, except Harwinder Singh alias Binder son of Ajit Singh were acquitted of the charge for the offences under Sections 399 and 402 IPC, vide judgment dated 14.7.2005. Harwinder Singh was a proclaimed offender at that time. He was tried later after he was apprehended. The learned trial Court acquitted him of the charges for the offences under Sections 399 and 402 IPC vide judgment dated 20.10.2008 (Ex C-2) passed by the learned Additional Sessions Judge, Ludhiana. Exhibit P.11 is the statement of one Jarnail Singh recorded by SI Ajaypal Singh on 7.2.2003 under Section 161 of the Code. The said statement is in respect of extra judicial confession of Jugraj Singh @ Guggi. Jarnail Singh in his statement stated that on 6.2.2003 Jugraj Singh @ Guggi came to his house and told him that police is in search of him. Jugraj Singh has told him (Jarnail Singh) that on 21.1.2003 Manjit Singh @ Sodhi, Harjinder Singh @ Binder [10] Murder Reference No.3 of 2008 and Satwant Singh @ Satta came to him on Esteem Car No.DL-9C- 4915 of white colour at about 7 O’clock at Dana Mandi, Ajitwal, where he was standing. They informed him that they have grabbed the car in the area of Mullapur Dakha and it is to be parked with him. In the night, all the four of them went in the car to bus-stand Ajitwal, where they met Manandeep Singh, student of Polytechnic College, Ajitwal, who is classmate of Baghel Singh. They enquired about Baghel Singh and other boys, who reside on rent in his rooms. Manandeep Singh told that he has come alone and Baghel Singh and other boys residing with him have not come. After enquiry from Manandeep Singh, all four went to his house and parked the car in his house and all of them went to the room of Baghel Singh and his room partner. On reaching there, all of them broke the lock of room of Baghel Singh and started drinking liquor. At about 9.30 PM, Baghel Singh came to his room and started abusing all of them that why they have entered into his room. Baghel Singh closed earl (kunda) from outside. Thereafter, the door was broken by all of them in ten minutes. Baghel Singh was standing having dang in his hand at that time. Baghel Singh attacked Harwinder Singh with his dang. Harwinder Singh made blow of his dang on head of Baghel Singh and Satwant Singh made ‘dat’ blow on hand of Baghel Singh. Baghel Singh fell down. He (Jugraj Singh @ Guggi) and Satwant Singh became nervous. Then he and Manjit Singh @ Sodhi brought Esteem Car from his house and put Baghel Singh in the car. He went to his house. Manjit Singh, Harwinder Singh and Satwant Singh went in the car. It was on 30.1.2003, he came to know that Baghel Singh has been killed. He was out of the house to evade the arrest and sought the intervention of Jarnail Singh. In pursuance of such disclosure statement, accused Jugraj Singh was arrested on 7.2.2003. Exhibit P.18 is the recovery memo of sandals of accused Jugraj Singh, which were taken into [11] Murder Reference No.3 of 2008 possession after converting the same into parcels on 7.2.2003. Finger prints of right and left hands of Jugraj Singh @ Guggi were obtained vide Exhibits P.53 & P.54 on 10.2.2003. After completion of investigation, report under Section 173 of the Code was submitted by the police, to prove the charges of culpable homicide amounting to murder against the assailants and Jugraj Singh relying upon the evidence of last seen in the shape of evidence of Bhajan Singh and Surjit Singh; finger prints found on the glass tumblers; liquor bottle; foot prints; human blood on the cement scratched from the room of Baghel Singh and the recovery of karra, gold plated silver ring and watch ‘Pulsar’ recovered from the assailants by the Police of Police Station Jagraon said to be that of deceased Baghel Singh. Charanjit Kaur, the mother of the deceased was cited as a witness to prove the identification of the dead body, whereas, Harjinder Singh, now accused, was cited as witness of recovery of articles. The charge was framed for an offence under Sections 302, 201 and 365 IPC against assailants and Jugraj Singh on 3.6.2003. In order to prove the guilt against the accused, the prosecution initially examined Jarnail Singh, the person before whom extra judicial confession was made by Jugraj Singh as PW-2; Manandeep Singh, the author of the FIR as PW-6; Bhajan Singh as PW-9, whereas Harjinder Singh, father of deceased Baghel Singh entered into witness-box as PW-8. His cross-examination was completed. Hirdejit Singh, Tehsildar, Ropar was examined as PW-9, who carried out the identification of gold ornaments recovered from the assailants by P.S.Jagraon. The witnesses PW 2 Jarnail Singh, PW 6-Manandeep Singh and PW 9-Bhajan Singh, had turned hostile. Harjinder Singh, accused-appellant moved an application (Exhibit [12] Murder Reference No.3 of 2008 P.11) on 25.3.2004 to the effect that his wife Charanjit Kaur should not be examined as a witness in the case as she is schizophrenic patient. Charanjit Kaur filed reply to the aforesaid application, which is Exhibit P.13, and asserted that she is fit and that she can be medically examined by any Doctor. She further stated that she suspects that her husband Harjinder Singh, is the murderer of her son. The said application remained pending. Charanjit Kaur mother of deceased Baghel Singh entered into witness box as PW3 on 6.9.2004. After her long examination in chief was recorded, but before she could be cross-examined, the Public Prosecutor sought time to move an application under Section 319 of the Code. On such application, the learned trial Court passed an order on 6.10.2004 summoning Harjinder Singh, father of deceased Baghel Singh and Sumandeep Kaur, the alleged second wife of Harjinder Singh, as the additional accused. The charge was framed against Harjinder Singh and Sumandeep Kaur under Sections 302, 365 IPC on 19.3.2005. It was on 30.8.2005, the charge was amended and the offence under Sections 302 read with 120-B, 201 read with 120-B and 365 read with 120 IPC, was included against all the accused. In the evidence recorded in the presence of all the accused including Harjinder Singh and Sumandeep Kaur, Manandeep Singh was examined as PW1. He did not recognize Jugraj Singh @ Guggi as the accused present in the Court. But he narrated the story of Baghel Singh having dinner with him; coming of Baghel Singh to his room and the fact that 3/4 persons were sitting in the room of Baghel Singh taking liquor as also the fact that he went to his landlord and knocked the door, but none came from the inside. He also deposed that the main door of the room of Baghel Singh was locked from inside and he heard sound of fighting from inside. He [13] Murder Reference No.3 of 2008 deposed that none came from the room, so long he was present at