PARAMJIT SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As in every case based upon circumstantial evidence, so also in this case the crucial question that needs determination is as to whether the chain of circumstances is complete enough to lead to only one hypothesis, i.e. that the appellants alone had intentionally caused the death of Ranjit Singh. The learned Sessions Judge, Jalandhar, vide his order of conviction and sentence dated Jan. 24, 1995, convicted the appellants herein, Paramjit Singh and Harvinder Singh, aged 29 and 24-25 years respectively, and sentenced them to undergo. RI for life and to pay a fine of Rs.3UUU/- each, or in default of payment of fine, to further undergo RI for, six months. Criminal Appeal No.l 14-DB of 1995 has been filed by the appellants with an obvious prayer to set aside the order of conviction and sentence recorded against them and consequently to acquit them, Jit Singh, the first informant, has filed Crl. Revision No.310 of 1995 seeking capital punishment to the appellants as also for enhancement of fine to be paid to the family of deceased Ranjit Singh.

(2.) The prosecution, with a view to prove its case, relied upon the foot mould of the appellants said to have been lifted from the spot which were compared with their specimen foot prints as also extrajudicial confession, said to have been made by them to PW- 13 Kulwant Singh. It also relied upon motive of the appellants that actuated them.to commit the crime as also their coming out of the residence of the deceased armed with weapons as also recoveries of data, a wrist watch, blood stained clothes of Paramjit Singh appellant and a radio and stablizer belonging to the deceased.

(3.) The prosecution story was unfolded by Jit Singh, PW-4 who made his statement, before Surinder Pal Singh, ASI, PW-8 on June 9, 1992 at 8.30 AM at bus stand Rurka" Kalan, formal FIR on the basis of which came into being on the same day at 8.50 AM at police Station Goraya which is stated to be five miles. The special report reached the concerned Magistrate at Jalandhar at 11.30 AM on the same day. Jit Singh stated that he had been worker of C.P.I.M. since 1970 and also was an Ex-Sarpanch of village Rurka Kalan. Ranjit Singh son of Karam Singh was also CPIM worker. He had two sons, namely, Jasbir Singh and Joga Singh. Jasbir Singh had died in a car accident about 12 years back and Joga Singh had gone to England about 4-5 years back Ranjit Singh had his residence in Patti Rawalki in the village. He had also built up a house on Rurki road in his land where he had kept cattle also. Ranjit Singh used to go home also. Previous day, in the evening at about 8 PM Ranjit Singh came to him and chalked out a programme with him to go to village Shankar to condole the death in his relation and Ranjit Singh after telling him all this went to his farm house (DERA) at Rurki road to sleep there. That day, at about 6 .30 AM he along with Sohan Singh son of Dalip Singh reached the farm house of Ranjit Singh in his jeep and saw Ranjit Singh lying dead in front of his living room on the paved surface. On further seeing him they saw deep wounds on the back side of neck, left side of neck, above the left car, head and left ear caused with sharp edged weapon. He further stated that some unknown person had killed Ranjit Singh by infliciting injuries with sharp edged weapon. Ranjit Singh had no enmity with anyone in the village and for the present needle of suspicion could not be pointed towards anybody. He was one of the workers of his party. He was polling agent in the last assembly elections and it was possible that Ranjit Singh had been killed due to rivalry between the parties. Having left Sohan Singh to guard the dead body, he straightway went to lodge the report.