Darshan Singh vs State Of Punjab

2. An FIR was lodged by Jarnail Singh (PW-7) on 28 th March, 2005 at 12:35 pm. He was the member of Nagar Palika, Morinda and had taken 7 Bigha of land on lease from Pritpal Singh, Mohan Singh sons of Khushal Singh on which he had sown wheat crop. He had 1 also taken 7 Bigha of land on lease from Faqir Chand where again he had sown wheat crop. He stated that the wheat in the land of Faqir Chand is of small size but the wheat in the land of Pritpal Singh was 2½ feet in height. He further stated that at about 10:30 am in the morning on that day, he along with Mohinder Singh Lamberdar (Village Headman) and Hari Pal had gone to his field but noticed a foul smell emanating from the land of Pritpal Singh near dump of wheat husk. He noticed a jute bag with maggots around it and suspected it to be a dead body of a man or a woman. The land was near the bye-pass that was frequented by people, however, it was lying closed because of rains. He left Hari Pal and Mohinder Singh Lamberdar at the spot and went to report the matter to the Police. Such statement was recorded by Balwant Singh, SHO who later appeared as PW-15. The investigations were initiated, dog squad and finger print experts were called at the spot. Case was registered against unknown persons. Copy of FIR was sent to the concerned Magistrate.

3. On examination of the body in the inquest proceedings (Ex.PL), one telephone diary, a plastic bag, a jute bag and ladies wearing cloth were found. The body was found to be decomposed and could not be identified. A Dupatta was found around the neck. The postmortem was conducted on 30th March, 2005. The dead body was identified by Ujjagar Singh and Kuldeep Singh (PW-13).

The Dupatta was found wrapped around the neck with two turns. No ligature mark was found present but skin over the Hyoid bone taken for Histopathological examination. The underlying Hyoid bone was found fractured. The probable time of death was 10 days between death and postmortem examination. The chemical examination report (Ex.PH) stated that Aluminum Phosphide Insecticide was detected in the samples containing parts of small and large intestine of the deceased. Phosphine, a constituent of Aluminum Phosphide, was detected in decomposed pieces of liver, spleen and kidney. Dr. Harbhajan Singh on the request of the police opined that the cause of death is poisoning due to Aluminum Phosphide Insecticide, haemorrhage and haemo-thorax due to injury in the left chest as described in the postmortem report.

5. After completion of the investigations including recording of the statement of the witnesses under Section 161 of the Code of Criminal Procedure, 19731, accused Avtar Singh, Jagmohan Singh, Swaran Kaur and Darshan Singh were made to stand trial. The deceased, Surjit Kaur, was mother of accused Avtar Singh. Swaran Kaur is wife and Jagmohan Singh is son of Avtar Singh. The accused Darshan Singh was a servant at Avtar Singh’s house.

6. The prosecution story is that Surjit Kaur (deceased) had inherited 5 Bigha of land of Gurmit Singh (other son of deceased) who died issueless and accused Avtar Singh, Jagmohan Singh and Swaran 1 for short, ‘Code’ 3 Kaur were not happy with this inheritance. Out of this land, she sold 1 bigha and gave the remaining 4 bighas on theka (lease) to accused Avtar Singh at the rate of Rs.4,000/- per bigha. However, Avtar Singh had not been paying the lease amount to her. Panchayats had also been convened over this dispute, where the four accused threatened the deceased.

7. The learned Sessions Judge vide judgment and order dated 23 rd May, 2007/26th May, 2007 acquitted Avatar Singh but convicted Jagmohan Singh, Swaran Kaur and Darshan Singh.

He deposed that on 29th March, 2005, Kuldeep Singh (PW-13) and Ujjagar Singh, son-in-laws of the deceased identified the dead body from clothes as the face was disfigured by pouring acid. Kuldeep Singh and Ujjagar Singh had named the accused as suspects. Thereafter, the Investigating Officer conducted the raids for arresting the accused. He stated that the accused could not be traced in village Sahauran and other places. Thereafter, on 30 th March, 2005, Bhupinder Singh (PW-16) brought the accused Darshan Singh, Jagmohan Singh and Swaran Kaur and got their statements recorded. He arrested the accused. Further, accused Swaran Kaur made a disclosure in police custody that she had kept concealed half empty bottle of acid in her house behind a photo on a shelf and could get the same recovered. The said acid bottle was recovered. On 31st March, 2005, he arrested accused Avtar Singh in a raid conducted in Village Sahauran. Further, on 1 st April, 2005, accused Jagmohan Singh gave a disclosure statement that he has kept concealed his TVS Motor Cycle in a room and he could get it recovered. Thereafter, accused Darshan Singh disclosed that he had kept a folding iron chair concealed in the house of Avtar Singh and he could get it recovered. Both the TVS Motor Cycle and folding iron chair were recovered from the disclosed places and were taken 6 into possession.

12. The prosecution also examined Bhupinder Singh (PW-16) as the witness of extra-judicial confession. He stated that he was present in his house on 30th March, 2005. At about 10 am, accused Swaran Kaur, Jagmohan Singh and Darshan Singh present in the court came to his house. Swaran Kaur told him that they have committed a big blunder and that she had put a Dupatta on the neck of her mother-in-law Surjit Kaur and was strangulated. Darshan Singh gave a Kursi (chair) blow on the flank of Surjit Kaur when Jagmohan Singh caught hold of Surjit Kaur by her arms and, as a result thereof, Surjit Kaur died. Swaran Kaur also told him that she poured acid on deceased face. The dead body was kept in a gunny bag and put in a cupboard. Swaran Kaur further stated that the dead body was taken on a motor cycle for being thrown in the canal along with Jagmohan Singh. However, when they reached the bridge there was “Kacha Rasta” (unmetalled path) and because of the water, the motor cycle could not pass through and they threw the gunny bag in the fields of wheat. Swaran Kaur also said that police were looking for them and asked him to produce them before the police as he was acquainted with the police. Accused Jagmohan Singh also confessed that a big mistake had been committed by them and they had killed Surjit Kaur. Darshan Singh also confessed that he along with Swaran Kaur and Jagmohan Singh have committed the murder of Surjit Kaur and recounted the same story. They also disclosed the motive of the murder being 7 that Surjit Kaur was asking for lease money of her land. Further, Bhupinder Singh (PW-16) stated that he produced the accused before the police on 30th March, 2005. He also stated that prior to the visit of the accused persons to his house on 30 th March, 2005, he had no idea about the death of deceased Surjit Kaur. However, he stated that he does not remember whether he has mentioned the confessions in his statement recorded under Section 161 of the Code before the police.

22. Further, the appellants were not found in the village soon after the occurrence as deposed by Kuldeep Singh (PW-13) and investigating officer Balwant Singh (PW-15). They did not attend the cremation or the prayer ceremony which was held after one week. The conduct of the appellants of not being available in the village is a strong circumstance of their conduct post death.

27. In view of the evidence led and the finding recorded by the Courts below, we do not find any merit in the present appeals. Accord- ingly, both the appeals are dismissed. The sentence of the appel- lants were suspended by this Court. They shall now surrender to undergo the remaining sentence.

DECEMBER 06, 2019.