Tejinder Singh @ Kaka vs State Of Punjab

For proper appreciation of rival factual and legal submissions made by the learned counsel for the parties the relevant facts in relation to the prosecution case are briefly stated as under:

3. On 25.05.2000, FIR No. 73 was lodged at Police Station Banga, Nawanshahar on the basis of statement of Nago Ram, S/o Munshi Ram who is relative of Seeso, the deceased, for offences under Sections 302, 376(2)(g), 148, 201, 404 read with Section 34 IPC alleging that on 24.05.2000 at about 9.00 a.m. the deceased went to the field to bring fodder and when she did not return home till afternoon, the informant along with family members of the deceased and villagers started searching her but they could not gather any information. It was alleged that on 25.05.2000 at 8.00 a.m., the informant along with other people went to the sugarcane field searching for the deceased where they found a fresh pit dug filled back with earth inside which the dead body was lying buried in the soil covered with a palli. It was further alleged that the gold ear rings, silver bangles and anklets from the dead body of the deceased were found missing. It was alleged by the informant that Sunny Lal Paswan, the owner of the land along with three-four persons after committing the murder buried the body of the deceased.

4. On the basis of the registration of the said FIR the case was investigated and report under Section 173 of the Code of Criminal Procedure was filed before the committal court and thereafter it has committed the case to the learned Additional Sessions Judge, Nawanshahar and the case went for trial as the accused pleaded not guilty of charges and prayed to try them for the charges. The charges were framed for offences punishable under Sections 302, 376(2)(g), 148, 201, 404 read with Section 34 IPC and also under Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution witnesses PW-1 to PW-15 were examined and the statement of evidence of the witnesses were recorded by the learned Addl. Sessions Judge. The learned Additional Sessions Court has convicted the accused with various sentences for different offences along with fine as has been set out in detail in the later part of the judgment. The same is affirmed by the High Court by passing the impugned judgment. The correctness of the same is challenged in these appeals by the appellants by raising certain legal questions and urging grounds in support of the same.

According to the deposition of PW-7, who has deposed that on 28.5.2000 accused Gurdeep Singh, Harnek Singh and Sunny Lal Paswan made a disclosure statement to him describing the whole incident. He has disclosed the same to the police after 16 days of the alleged disclosure statements said to have made to him by the said accused and he had handed over the accused to police custody on 12.06.2000. The reason regarding the delay of 16 days given by him was that he was busy with some work and therefore, there was an inordinate delay of 16 days in informing the incident to the police remains unsatisfactory on the part of the said witness to whom the extra judicial confession alleged to have been made by the co-accused. This renders the conduct of PW-7 doubtful and the content of his testimony suspicious in nature. Further, he being the Sarpanch of the village instead of taking instant action against the accused persons who alleged to have committed rape, murder and destroyed the evidence, informed the police after a lapse of 16 days. This cannot be believed by this Court.

32. We have examined the entire case in relation to these appellants and have come to the conclusion that there is no material evidence on record to convict and sentence the appellants. For the foregoing reasons, we accept the case of the appellants in the connected appeals. Accordingly, their appeals are also allowed and conviction and sentence are set aside and they are directed to be released forthwith if they are not required in any other case.

33. The other accused, viz. Gurdeep Singh who has not filed appeal before this Court challenging the impugned judgment and who has also been convicted and sentenced to undergo imprisonment as awarded and imposed by the learned Additional Sessions Judge and affirmed by the High Court, we, in exercise of jurisdiction of this Court under Article 142 of the Constitution, extend the same benefit to him also and he is also directed to be released forthwith if he is not required in any other case.

34. For the foregoing reasons, all the appeals are allowed.

35. The bail bonds of the appellant-Tejinder Singh, who is on bail, are hereby discharged.