Jugraj Singh vs State Of Punjab

2. The facts of the case are as under:

Sadhu Singh P.W. 2 accompanied by Ajit Singh left the site of the incident leaving Narinder Singh and Gurmail Singh to guard the dead body and made their way towards Kharar Police Station about 8 kms. away but as they reached close to Swaraj Tractor Factory just short of Kharar they came across a police Gypsy with S.H.O. Sub-Inspector Rajinder Singh on patrol duty. The Inspector along with Sadhu Singh and Ajit Singh returned to the place of incident and saw Bachhitter Singh lying dead on which they picked up his body and removed it to the Kharar Hospital. Sadhu Singh thereafter recorded the First Information Report at about 11:15p.m. the same night i.e. on the 1st of December, 1996 in which he did not name any of the assailants although he gave their physical description. A Special Report was allegedly despatched through Constable Jaspal Singh to the Magistrate shortly after midnight which was received by P.W. 9 - Gurmeet Kaur, Judicial Magistrate, Kharar at 9:15a.m. on 2nd December, 1996. The Sub Inspector also returned to the place of incident on the morning of the 2nd December, 1996 to carry out further investigations and amongst other items picked up two empty .12 bore shells and a piece of a broken sling of a shot gun and these were duly deposited in the Malkhana and subsequently despatched to the Forensic Science Laboratory. He also recorded the statements of the eye witnesses including Narinder Singh -P.W. 5. In the meanwhile, it appears that the accused made extra judicial confessions to P.W. 6 and P.W. 7 Kuljeet Singh and Kuldip Singh respectively and Jugraj Singh appellant also made a disclosure statement which led to the recovery of the .12. bore gun allegedly used in the murder. It transpired after investigation that this weapon belonged to Gurmail Singh, Jugraj Singh's first cousin and he too was prosecuted for offences punishable under Sections 29 and 30 of Arms Act and was duly convicted and has already undergone the sentence as of now. The Forensic Science Laboratory in its Report opined that the two spent cartridges recovered from the place of incident had been fired from the gun in question. The trial court in its judgment dated 13th August, 2002, held that the statements of Sadhu Singh P.W. 2 and Narinder Singh P.W. 5 inspired confidence, that there was no delay in the lodging of the FIR and if there was any it had been explained by the prosecution, that the refusal of the accused to join the identification parade was a point to be taken against them as there was no evidence to suggest that they had been shown to the witnesses prior to the proposed identification parade and that the extra judicial confessions made to P.W. 6 and P.W. 7 further corroborated the prosecution story. The trial court accordingly convicted and sentenced the accused as under:-

7. We, accordingly, allow the appeal, set aside the judgment of the trial court as well as the High Court and acquit the appellant. He shall be released from custody forthwith if not wanted in any other case.

8. Criminal Appeal No. 595 of 2005 filed by Gurdeep Singh is dismissed as having becomes infructuous as the appellant has already served the sentence.