BALBIR SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Appellants were tried and ultimately convicted under Sections 302 read with Section 34 IPC for committing the murder of Malkiat Singh by the then learned Sessions Judge, Jallandhar by dint of judgment dated 26.4.2002 and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each. In case of default of payment of fine, the defaulter was further required to undergo rigorous imprisonment for three months.

(2.) THE facts, necessary for the disposal of instant appeal be noticed first. Malkiat Singh (since deceased) was having cordial relations with one Joginder Singh, the father of Appellant Balbir Singh. Joginder Singh and his sons owes about Rs. 60,000/ - to Malkiat Singh, which they promised to return soon. On 17.4.2000 Malkiat Singh had gone to Ludhiana for some work, but did not return, for which a DDR was got entered by Jaspal Singh, the son of Malkiat Singh, giving details of his father, aged about 70 years. They also apprised the police that despite search, they could not trace Malkiat Singh. On 22.4.2000 the dead body of Malkiat Singh was recovered from village Kadiana. On the same day Mohan Singh, the brother of Malkiat Singh got recorded his statement (Ex. PB) to the police wherein he raised suspicion that the sons of Joginder Singh namely Gurnam Singh, Gurdev Singh and Balbir Singh, who had to return the money to Malkiat Singh and to avoid the repayment thereof, committed the murder of Malkiat Singh and threw the dead body in the river.

(3.) ON 3.5.2000 accused Balbir Singh and his relative Chhinda Singh were arrested and on 5.5.2000 during interrogation both of them suffered their disclosure statements Ex. PC and Ex. PD respectively admitting their involvement in the murder of Malkiat Singh and pursuant thereto Balbir Singh got recovered one shirt having one purse of red colour containing some papers, amount of Rs. 12500/ - and one gold ring which were taken into police possession vide recovery memo Ex. PE whereas accused Chhinda got recovered one turban, one bed sheet, one parna and pair of shoes which were taken into police possession vide memo Ex. PF. The site plan of the place of recoveries were prepared and thereafter on completion of usual formalities of investigations, final report was submitted against them for trial.