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It is pointed out that PW-2 Gurdev Singh was associated in the investigation on 12.07.2008, as having seen the occurrence on 09.07.2008. According to Gurdev Singh, when he entered into the house of the accused, he heard cries and found that the appellant was giving beating to Manjit Kaur and then he (the appellant) put his hand on the mouth and was pushing the nose of Manjit Kaur as a result of which Manjit Kaur died at the spot. He further stated that when he tried to save her, accused gave him threat that if he tells this fact to anyone, he will kill him. Thereafter, due to fear, he came out from his house and went to their house along with Sukhdev Singh. He admitted that though he was informed by his brother-in-law Labh Singh that Manjit Kaur has been killed, but he did not tell this fact at the time of cremation that she had been killed by Sawinder Singh. It was next day, he told this fact to Labh Singh and on 12.07.2008 to Sukhdev Singh. In the cross-examination, such witness stated that when he entered the room, he heard shrieks of Manjit Kaur and that he tried to save his sister-in-law, but could not save her. He stated that before he came out, accused gave him threat that he will kill him. He came back to his house though the Police Station comes between his house and the house of the accused. On reaching home, he did not inform his wife, children, his neighbourers or anyone about the incident. The police was present at the time of cremation of Manjit Kaur, but at that time also he did not disclose the factum of death to the police. He stated that on 12.07.2008, he disclosed the factum of death to Sukhdev Singh and then they both went to Police Station.

Thus, it is argued that the conduct of PW-2 Gurdev Singh is wholly unnatural and not worthy of reliance. If he has seen the occurrence on 09.07.2008, there was no reason for him not to report the matter to the near relations of the deceased at the earliest opportunity or even to the police, when Police Station falls on the way to his house. The police was also present at the cremation ground, but still the said witness has not disclosed such fact to the police. The giving of threat by the appellant is a lame excuse. There is no allegation that the appellant was armed with any deadly weapon, so as to create any fear in his mind. PW-4 Sukhdev Singh is said to be with him at the time of visit to the house of Manjit Kaur, but the witness had deposed that he disclosed the fact of death of Manjit Kaur to Sukhdev Singh on 12.07.2008, three days after the occurrence. Therefore, we find that the entire conduct of PW-2 Gurdev Singh is of an unreliable & untrustworthy witness.

Similarly, PW-4 Sukhdev Singh is said to have visited the house of Manjit Kaur along with PW-2 Gurdev Singh. While appearing in the witness-box, he deposed that when Gurdev Singh came back, he was perplexed. When he asked him, he did not utter any word and then he along with Gurdev Singh went to their houses. It was on 12.07.2008, Gurdev Singh told this fact to him that Sawinder Singh killed his wife on 09.07.2008 and also threatened to kill him. In his cross-examination, PW-4 Sukhdev Singh stated that the accused was suspecting that Manjit Kaur is having illicit relations with someone and has given beatings 2/3 times earlier. However, he stated that he has not heard any shrieks of Manjit Kaur, when he was standing outside. He stated that when Gurdev Singh came out of the house, he only started motor-cycle and they went away. It was only on 12.07.2008, Gurdev Singh told this fact to him and both went to the Police and later to the Court for recording of their statements.

A perusal of the statement of PW-4 Sukhdev Singh shows that he has not heard the shrieks of Manjit Kaur and that Gurdev Singh kept silent even when he is said to have seen the appellant taking life of his sister- in-law. It is impossible for any person to remain calm and composed on account of death of near relation for almost three days before the matter was reported to Police. PW-4 Sukhdev Singh has not seen the occurrence, but said to have accompanied Gurdev Singh. The testimony of Sukhdev Singh belies the stand of Gurdev Singh being eye-witness of the occurrence and is not reliable for any purpose.