Punjab-Haryana High Court
Beant Singh And Another vs State Of Punjab on 23 August, 2012
Crl. Misc. No.36645 of 2012 in
Crl. Appeal No.D-975-DB of 2007 -1-
Beant Singh and another Versus State of Punjab
Present: Mr. Surinder Garg, Advocate
for the applicant/appellant No.2 (Jit Singh).
Mr. S. S. Dhaliwal, Addl. AG, Punjab.
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Learned State counsel has filed reply by way of affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant/appellant No.2-Jit Singh. The same is taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No.2-Jit Singh during the pendency of the appeal.
The FIR in the case has been registered on the statement of Sukhpal Singh made before SI/SHO Jagrup Singh. It is alleged by the complainant-Sukhpal Singh that on 07.10.2004, he came to Police Station Sadar Muktsar along with his brother Charat Singh and one Kewal Singh son of Kartar Singh. He stated that Kuldip Kaur (deceased) daughter of his real uncle Ajmer Singh was brought up and got married by them, since her parents had died in her childhood. She was married with Gurmit Singh alias Maur of village Udekaran about ten years ago. Her husband was a simpleton. Rajbinder Singh one of the brother of Kuldip Kaur (deceased) was residing with her in the house of her in-laws. About a year earlier, the dead body of Rajbinder Singh was found on the railway track. The complainant side suspected that he had been killed by the in-
Crl. Misc. No.36645 of 2012 in Crl. Appeal No.D-975-DB of 2007 -2- laws of Kuldip Kaur (deceased). However, no proceedings were taken against them. Kuldip Kaur (deceased) was working in the house of one Gurjant Singh of village Udekaran who had three children. The in-laws of Kuldip Kaur illtreated her and about one month ago her in-laws gave her a beating. A 'sabal' (crowbar) blow was inflicted on her head and she was turned out from the house of her in-laws. Kuldip Kaur then came to village Doda and stayed with the complainant for about ten days. Thereafter the matter was orally got patched up with the intervention of the Panchayat of village Doda and village Udekaran and Kuldip Kaur (deceased) was left with her in-laws family at village Udekaran and she started living there. On 06.10.2004, wife of Gurjant Singh came to village Doda and informed the complainant that Kuldip Kaur had not been coming for work since 01.10.2004. The complainant then along with Kewal Singh and Charat Singh aforementioned came to the in-laws of Kuldip Kaur (deceased) at village Udekaran where they met Jit Singh (applicant/appellant No.2) and Beant Singh (appellant No.1) as also Surjit Singh (since acquitted) and their cousin Jagsir Singh (since acquitted), who were conversing amongst themselves. The complainant asked about Kuldip Kaur but they did not give any satisfactory reply rather they put him off. The complainant had a firm belief that his sister Kuldip Kaur had either been killed by Jagsir Singh and others or she had been concealed by them with an intention to kill her. The cause behind the incident was that the in- laws of Kuldip Kaur had a suspicion about her character and that she Crl. Misc. No.36645 of 2012 in Crl. Appeal No.D-975-DB of 2007 -3- had undesirable relations with the sons of the family where she had been working. Her in-laws had been beating her. Thereafter, SI Jagroop Singh along with SI Baldev Singh, ASI Charanjit Singh and other police officials along with the complainant came to village Udekaran and apprehended Jit Singh (applicant/appellant No.2) and Beant Singh (appellant No.1). They were interrogated turn by turn. During interrogation, Beant Singh (appellant No.1) made a statement that he along with his brother Jit Singh (applicant/appellant No.2), Surjit Singh (since acquitted) and his cousin brother Jagsir Singh (since acquitted) had killed their sister-in-law namely Kuldip Kaur while she was sleeping at about 3.00 am on 01.10.2004 by pressing her throat with a turban since she was a woman of bad character. Thereafter they had buried her dead body in the bushes near the railway track in the area of village Udekaran. Jit Singh (applicant/appellant No.2) made a similar disclosure statement. On the basis of the same, the dead body of Kuldip Kaur was got recovered from the place where it was concealed.
The case is based primarily on circumstantial evidence. The appeal is not likely to mature for hearing in the near future. In terms of the affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur that has been filed, the applicant/appellant No.2-Jit Singh has undergone four years, eleven months and twenty seven days of imprisonment as on 20.08.2012. Till date he has undergone imprisonment of five years which includes more than three years imprisonment after conviction. There is Crl. Misc. No.36645 of 2012 in Crl. Appeal No.D-975-DB of 2007 -4- another case against Jit Singh (applicant/appellant No.2) under Section 22 of the NDPS Act that was registered on 11.11.2009. In the said case, he is on bail.
In the circumstances, the case of the applicant/appellant No.2 falls within the guidelines laid down by a Division Bench of this Court in the case of Dharam Pal versus State of Haryana, 1999 (4) RCR Criminal 600 wherein it has been held that life convicts who have undergone five years of imprisonment of which three years should be after conviction, should be released on bail pending hearing of the appeal.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No.2-Jit Singh during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sri Muktsar Sahib.
( S. S. Saron ) Judge ( S. P. Bangarh ) Judge 23.08.2012.
A.Kaundal