Punjab-Haryana High Court
Narinder Singh @ Ninder vs State Of Punjab on 2 December, 2008
Author: S.S. Saron
Bench: S.S. Saron, Sabina
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. 47591 of 2008
in
Crl. Appeal No. 741-DB of 2007
Date of decision: 02.12.2008
Narinder Singh @ Ninder
..... Applicant/appellant
Versus
State of Punjab
..... Respondent
CORAM: HON'BLE MR. JUSTICE S.S. SARON.
HON'BLE MRS. JUSTICE SABINA.
Present: Mr. H.S. Dhindsa, Advocate for the applicant/appellant.
Mr. S.S. Bhinder, Addl. A.G., Punjab.
***
S.S. SARON, J.
Heard counsel for the parties.
The affidavit of Sh. Kuldeep Singh, PPS-I, Superintendent, Central Jail, Ludhiana filed in Court today is taken on record.
The applicant/appellant Narinder Singh @ Ninder by way of the Crl. Misc. applicantion seeks suspension of sentence during the pendency of the appeal.
In terms of affidavit that has been filed in Court today, the applicant/appellant Narinder Singh @ Ninder has undergone five years, three months and twenty-one days of imprisonment as on 01.12.2008. After conviction, he has undergone a sentence of about one and a half year only. The present is a case of circumstantial evidence. The applicant/appellant is alleged to be having illicit relations with Gurmeet Kaur his co-accused (who has since been acquitted) wife of the deceased Jaswant Singh.
Crl. Misc. No. 47591 of 2008 [2]
in Crl. Appeal No. 741-DB of 2007 The prosecution case is that on 02.6.2003, Dharampal SI/SHO, Police Station Jagraon along with other police officials was present at Bus Stand, Chowki Mann for the purposes of patrolling. Baldev Singh son of Mangal Singh, resident of Village Kular along with Lakhwinder Singh, Sarpanch came there. As per the statement made by aforesaid Baldev Singh, he along with Teja Singh son of Jagir Singh was going towards his fields along the Jassowal drain. At about 11.30 a.m. on 2.6.2003, when they reached on the bank of drain, then on the upstream they saw a dead body of some unknown person stuck in the water. Despite, seeing the dead body minutely, they could not identify the same. There were marks of injuries with sharp edged weapon on the head and left eye of the dead body. Besides, there were scratches on the right eye and forehead of the dead body. After leaving Teja Singh for keeping a guard on the dead body, Baldev Singh along with Sarpanch Lakhwinder Singh, Hukam Singh, Panch and Gurdev Singh, Panch went to the spot but they could not identify the dead body. From the injuries it could be concluded that somebody had killed the person and then thrown his dead body in the drain. On the basis of the said statement, the criminal law was set in motion. The allegations against the applicant/appellant primarily are that the 'dah' that was used in the crime was recovered in pursuance of his disclosure statement. In terms of Forensic Science Laboratory report, human blood was found on the same. Besides, the applicant/appellant is alleged to be having an immoral relation with Gurmeet Kaur his co-accused (who has since been acquitted) wife of Jaswant Singh (deceased). The accused-applicant/appellant was last seen with the deceased Jaswant Singh on 30.05.2003 by Bahadur Singh (PW-5). Besides, he made an extra-judicial confession before one Hari Singh son of Amar Singh (PW-10) and also confided before Ajaib Singh (PW-14) with regard to his relationship with Gurmeet Kaur wife of the deceased Jaswant Singh.
Crl. Misc. No. 47591 of 2008 [3]
in Crl. Appeal No. 741-DB of 2007 After giving our thoughtful consideration to the matter, it may be noticed that the case is based primarily on circumstantial evidence and the extra judicial confessions. The effect of the same would more appropriately be considered and gone into at the time of final hearing. The appeal is not likely to mature for hearing in the near future.
Keeping in view the period of imprisonment undergone by the applicant/appellant Narinder Singh @ Ninder i.e. five years, three months and twenty-one days as on 02.12.2008 and also the nature of allegations which are based primarily on circumstantial evidence and extra judicial confessions, in the facts and circumstances it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant.
Accordingly, Crl. Misc. No. 47591 of 2008 is allowed and the sentence of imprisonment of the applicant/appellant Narinder Singh @ Ninder shall during the pendency of the appeal remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana.
(S.S. SARON) JUDGE (SABINA) JUDGE December 02, 2008 amit