Punjab-Haryana High Court
Dial Singh Son Of Gurdas Singh vs State Of Punjab on 15 January, 2014
Author: Kuldip Singh
Bench: Satish Kumar Mittal, Kuldip Singh
Crl. Appeal No. D-260-DB of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Appeal No. D-260-DB of 2010
Date of Decision : 15.1.2014
Dial Singh son of Gurdas Singh ...... Appellant
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE KULDIP SINGH
Present:- Mr. J.S. Bains, Advocate, for the appellant.
Ms. Ritu Punj, Addl. A.G., Punjab.
KULDIP SINGH, J.
This appeal is directed against the judgment and order dated 14.9.2009, passed by ld. Additional Sessions Judge, Ludhiana, vide which accused/appellant was convicted under Sections 302 and 201 IPC. He was sentenced under Section 302 IPC to undergo imprisonment for life and fine of ` 2,000/-, in default of payment of fine, to undergo further rigorous imprisonment for one month. He was also sentenced under Section 201 IPC to undergo rigorous imprisonment for seven years and fine of ` 1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 15 days. Both the sentences were directed to run concurrently.
Pritam Singh son of Nand Singh (PW5) made a statement to S.I. Arvind Puri of P.S. Division No. 6, Ludhiana, on 16.12.1992 wherein he has stated that his brother Bhai Parminder Singh @ Billu used to run Tempo No. PIL-9695 in Tempo Union, Dholewal Chowk, Ambala Road, Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -2- Ludhiana. Everyday in the evening, Parminder Singh @ Billu used to go to his village with tempo. But on 24.3.1992, when Parminder Singh @ Billu did not come back with his tempo to village for 4/5 days then he searched for Parminder Singh @ Billu, deceased, from Tempo Union, Dholewal Chowk, Ambala Road, Ludhiana and came to know that Parminder Singh @ Billu alongwith Tempo No. PIL-9695 had gone to his village on 24.3.1992 at about 4:30 PM. Till now, Parminder Singh @ Billu alongwith tempo has not been traced. He has been searching for him in relations and friends. He is of the view that his brother Parminder Singh @ Billu has been kidnapped with the tempo by someone with intention to kill him. The police accordingly registered FIR No. 245 dated 16.12.1992 under Section 364 IPC at P.S. Division No. 6, Ludhiana.
On 29.3.1993, accused Dial Singh @ Kala was arrested by ASI Jagdish Singh. Accused suffered a disclosure statement under Section 27 of the Evidence Act (Ex.PB) that on 24.3.1992 at about 9/9:30 PM he alongwith co-accused Narinder Singh @ Ladi had taken away Parminder Singh @ Billu son of Nand Singh to a well in an uninhabited area near railway track of village Sargundi and there strangulated and killed him. They removed HMT wrist watch, a silver ring and cash from the dead body of Parminder Singh @ Billu and threw away his dead body into a deserted well. The watch and ring were wrapped in a small cloth and has been kept concealed by digging a pit near the room. He can get recovered the dead body from the well and watch, a silver ring wrapped in a small cloth from the pit. Accordingly, Dial Singh @ Kala led the police party to the deserted well of Harbhajan Singh which was mortgaged with Gurmukh Singh son of Bakhshish Singh at village Sargundi and after digging a pit in Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -3- the roofless room took out a wrist watch HMT Avinash and a silver ring bearing impression 'PS' wrapped in a small cloth and produced the same before the police in the presence of Manjit Singh son of Nand Singh resident of Jassowal and HC Jagdev Singh. The same were taken into possession, vide memo Ex.PC. Accused Dial Singh @ Kala then led the police party to the deserted well and identified the same. The police arranged a diver Kala son of Bhagat Ram, who took out a woolen sweater of light sky blue colour manually knitted and a torn piece of shirt of light yellow cream colour through an iron kunda tied with rope by moving the same in the well. The same were taken into possession by the police, vide memo Ex.PD in the presence of abovenoted two witnesses and Kala diver. Then, on the identification of accused Dial Singh @ Kala, Kala diver went into the well with the help of rope and took out certain skeleton/bones and produced the same before the police. The same were taken into possession by the police in the presence of abovenoted witnesses, vide memo Ex.PE.
Earlier, on 21.12.1992, S.I. Arvind Puri alongwith police officials and Pritam Singh (complainant) held a naka in Sherpur Chowk near Military Camp and there one tempo without number plate and without body was seen coming. Gian Singh son of Nasib Singh resident of Bachittar Nagar, Ludhiana, was driving the same. Pritam Singh (complainant) identified the tempo as belonging to his brother Parminder Singh @ Billu deceased, and was having registration No. PIL-9695. The tempo was taken into possession through recovery memo Ex.PW2/B. On the completion of investigation, the challan was presented in Court.
Gian Singh is stated to have died in the year 2001, therefore, only Dial Singh faced the trial. He was chargesheeted under Sections 302 Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -4- and 201 IPC In support of its case, prosecution examined as many as 15 witnesses.
When the evidence led by the prosecution was put to the accused, he denied the same as incorrect and stated that he did not know Parminder Singh @ Billu. He did not know Pritam Singh son of Anokh Singh till the registration of the case. He has been falsely implicated in this case as the real culprit involved in the murder of Parminder Singh @ Billu could not be traced by the police. Accused did not lead any evidence in defence.
After hearing the prosecution and the learned defence counsel, learned Additional Sessions Judge, Ludhiana, convicted the accused and sentenced aforesaid.
Aggrieved by the said judgment and order of conviction, accused has come up in the appeal.
We have heard the learned counsel for the parties and have gone through the records of the case.
First of all, it is to be noticed that as per statement of Dr. O.P. Aggarwal, Professor and Head Forensic Medical Department (PW11), he examined the bones sent by police in box. The two femur, ribs, mandible and cervical vertibras fractured. Hyoid bone was fractured. Humerous both found in the box produced before him. He was of the opinion that these bones were of male human body. The age of the deceased was between 35 to 40 years which was given after examining the mandible. The cause of the death in his opinion could be due to throttling.
Now, when the statement of Pritam Singh (complainant) is Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -5- examined, he has stated that his brother Parminder Singh @ Billu was plying a tempo No. PIL-9695. When he did not return home on 24.3.1992 with his tempo, he made eqnuiry from Tempo Union, Dholewal Chowk, Ambala Road, Ludhiana, and came to know that his brother had gone to his village alongwith tempo. On 21.12.1992, at Sherpur Chowk, he had joined the policy party and tempo without number plate and without body was recovered from accused Gian Singh who was then alive.
Then, another Pritam Singh son of Anokh Singh appearing as prosecution witness stated that he had worked in different transport companies as booking clerk. He had been working in Punjab, Haryana Transports and at Transport Nagar, Ludhiana, as a Clerk and due to this reason, he knew many drivers. He was also having good relations with the police. In the year 1992-93, Dial Singh accused present in Court, who was working in Kesar Ganj Mandi and in Ambala Transport Company as driver, came to him and confessed before him that he alongwith Narinder Singh @ Ladi of Jalandhar had taken away Parminder Singh @ Billu on the pretext that they had to load cattle from village Sargundi for Rajasthan. They had hired his vehicle Tata 407 and had murdered Parminder Singh @ Billu in village Sargundi. He had produced accused Dial Singh before the police and police arrested him in his presence.
S.I. Jagdish Singh (PW10) who had handled the investigation of this case has stated that on 30.3.1993, he had interrogated accused Dial Singh in the presence of Pritam Singh (complainant). Accused had made a disclosure statement that he alongwith Narinder Singh @ Ladi had thrown the dead body of Praminder Singh @ Billu in a deserted well in the area of village Sangrundi, P.S. Goraya. Before throwing the dead body, they had Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -6- removed one silver ring, some cash and one HMT wrist watch from the body. The murder took place by strangulation. He further disclosed to have concealed the wrist watch and a silver ring duly wrapped in a cloth in a pit which was dug outside the adjoining kotha of the wall and accordingly he got recovered the said articles. Then, he further disclosed that the dead body was thrown in the well. Diver Kala was called and he took out one woolen sweater light sky blue colour manually knitted and one torn piece of shirt of light yellow cream colour which were identified by the brother of the deceased to be of Parminder Singh @ Billu, deceased. The same were taken into possession. Then Kala diver took out the bones of skeleton and partial part of the skull from the said well. Kala diver himself appeared as PW7 and proved that he was taken by the Sarpanch and the police officials to the unused well in the village Sargundi and had taken out the said articles and skeleton/bones from the well.
Now, it is established that on the identification of accused Dial Singh, the police was able to recover the woolen sweater and a torn piece of shirt of the deceased from the unused well with the help of diver Kala. The skeleton/bones were also recovered from the well on the identification of accused Dial Singh. It was only accused Dial Singh who knew that deceased Parminder Singh @ Billu had been killed and thrown in the well. So far as the death of deceased is concerned, accused has not denied the same. Even in the statement under Section 313 Cr.P.C., he had taken the stand that he has been falsely involved in the murder of Parminder Singh @ Billu.
Not only this, accused had made confession before Pritam Singh son of Anokh Singh, who was working as Clerk in various transport Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -7- companies. Accused Dial Singh is also a driver and, therefore, it is natural for the driver to have interaction with the clerk of a transport company. Therefore, accused had confidence in Pritam Singh son of Anokh Singh (PW) and he disclosed the commission of crime to him. Otherwise, it is to be noticed that deceased went missing on 24.3.1992 and his whereabouts were not known till accused himself approached Pritam Singh son of Anokh Singh and disclosed that Parminder Singh @ Billu has been done to death by strangulation and his dead body has been thrown in the well. It was only thereafter that the police came to know that Parminder Singh @ Billu was not infact kidnapped, but has been murdered by accused Dial Singh with the help of his co-accused Narinder Singh @ Ladi. Not only this, accused Dial Singh @ Kala also got recovered body of Tata 407 from a shop at Tanda Road, Jalandhar. The said shop deals in such bodies. This was proved by Head Constable Darshan Singh (PW6).
Learned counsel for the appellant has argued that in this case there is delay of 8/9 months in the registration of the case. We are of the view that when Parminder Singh @ Billu went missing, his brother kept searching for him and did not report the matter to the police. Even then on 16.12.1992 he had merely suspected that his brother has been kidnapped, little knowing that he has already been done to death. Since the death took place much earlier, some of the skeleton/bones and skull could be recovered from the well which is natural in the given circumstances. Therefore, the delay in this case is immaterial.
The learned defence counsel has further argued that the last seen evidence in this case is not reliable and the statement of Jagdish Singh (PW15) to the effect that he had seen accused Dial Singh @ Kala Sharma Sanjiv Kumar 2014.01.31 13:06 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No. D-260-DB of 2010 -8- and Narinder Singh @ Ladi sitting in the tempo of Parminder Singh @ Billu and kidnapping him cannot be relied upon. Jagdish Singh (PW15) has further stated that on 24.3.1992 when he had asked Parminder Singh @ Billu as to where he is going, he informed him that he is going to Goraya to load animals and these animals are to be unloaded in Rajasthan and he will come back after 4/5 days.
In this case, last seen evidence is merely a corroboration whereas there is a strong evidence in the form of extra judicial confession made before Pritam Singh son of Anokh Singh (PW5) as well as the recovery of articles of the dead body and skeleton from the abandoned well at the instance of the accused.
It is to be noted that some discrepancies in the statement of witnesses is likely as the crime took place on 24.3.1992 and the witnesses were examined in the year 2009 i.e. after about 17 years. However, all the witnesses have corroborated the prosecution story on all the material particulars. It being so, we do not find any illegality or infirmity in the impugned judgment and order. The evidence discussed above clearly proves the offence beyond all reasonable doubts. Consequently, the present appeal is found to be without any merit and is dismissed.
(SATISH KUMAR MITTAL) (KULDIP SINGH)
JUDGE JUDGE
15.1.2014
sjks
Whether referred to the Reporter or not ? : Yes / No
Sharma Sanjiv Kumar
2014.01.31 13:06
I attest to the accuracy and
integrity of this document
Chandigarh