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Showing contexts for: 164 crpc statement in Dr. Gurwinder Singh Samra vs State Of Punjab on 12 July, 2013Matching Fragments
9. Accused Rajinder Kaur was arrested and interrogated on the spot. On 12.02.2008 Avtar Singh suffered a statement under Section 164 Cr.P.C. before the learned Additional Chief Judicial Magistrate, Ropar. He would state in his statement under Section 164 Cr.P.C. marked as Ex.D9 that on 24.1.2008 accused Samra called him to his residence telephonically. Accused Samra informed him that he wanted to get Avtar Singh's statement recorded by the police to the effect that Avtar Singh had a meeting with Paramjit Singh Kang, Balwinder Singh Mavi and Sukhwinder Singh Sangha at Ropar Water Lily Resort and conspired to kill accused Samra. Dr. Samra kept Avtar Singh in illegal detention from 24.1.2008 to 28.1.2008. He also gave some intoxicated substance and got his signatures on some blank papers, blank stamp papers and some registers. Accused Samra also got a movie film prepared and directed Avtar Singh to speak the same as tutored to him. Accused Samra also asked Avtar Singh to place some articles in the house of Rajinder Kaur at Dibri Cantonment, Gurdaspur. Accused Samra also tortured and harassed him.
25. It is the admitted case of the prosecution that Avtar singh suffered a statement Ex.D9 under Section 164 Cr.P.C. on 12.2.2008. The complicity of Avtar singh in the crime has been reflected in his statement under Section 164 Cr.P.C. recorded by learned Judicial Magistrate but the investigating agency had not arrested him even on 12.2.2008 well after the above statement under Section 164 Cr.P.C. suffered by him. The statement under Section 164 Cr.P.C. suffered by him before the learned Judicial Magistrate will have to be analysed in Criminal Appeal No.D-105-DB of 2009 and the background of the damaging deposition of Avtar Singh that he was detained on 2.2.2008 and he was kept in illegal custody for 12 days before ever he was released at the instance of his wife. If we align the sequence of evidence, it is crystal clear that accused Avtar Singh had been released only at the instance of his wife on his assurance that he would give statement under Section 164 Cr.P.C. before learned Judicial Magistrate on 12.2.2008. The concession of not subjecting him to arrest had been given to him as on 12.2.2008 even after his damaging statement under Section 164 Cr.P.C.
Criminal Appeal No.D-105-DB of 2009 and
30. Coming to the evidence of approver Avtar Singh, it is found that he had widened the scope of his first version found in his statement under Section 164 Cr.P.C. Never had he stated in his original version in his statement under Section 164 Cr.P.C. that accused Samra also accompanied him to the house of accused Rajinder Kaur to place the contraband on 28.2.2008. For the first time before the Court during the course of his evidence, Avtar Singh deposes that accused Samra planted the contraband in the house of accused Rajinder Kaur. In our considered view, the evidence of Avtar Singh is totally untrustworthy and unbelievable.
32. At this stage two questions arise for determination. One is whether the accused Samra placed the contraband at the house of accused Rajinder Kaur. The second is whether Rajinder Kaur was in conscious possession of the contraband.
33. On the side of the accused Samra it was submitted that Avtar Singh suffered statement under Section 164 Cr.P.C. as on 2.2.2008 itself. The said statement was exhibited as Ex.D2 on the Criminal Appeal No.D-105-DB of 2009 and side of accused Samra but the prosecution resisted it saying that no such statement under Section 164 Cr.P.C. was recorded by the learned Judicial Magistrate. For the first time, the statement under Section 164 Cr.P.C. was recorded only on 12.2.2008 and the same was exhibited as Ex.D9. PW2 S.I. Joga Singh and PW6 S.I. Balwinder Singh were not sure as to whether any statement under Section 164 Cr.P.C. was recorded on 2.2.2008. As it was projected on the side of the accused Samra that a statement under Section 164 Cr.P.C. was already recorded on 2.2.2008, an application was submitted by the investigating official to know whether any statement under Section 164 Cr.P.C. from accused Avtar Singh was recorded as on 2.2.2004. DW2 ASI Manjit Singh has clarified the position that the Chief Judicial Magistrate had conveyed that there was no such statement recorded under Section 164 Cr.P.C. on 2.2.2008 from the accused Avtar Singh.