A.S.GARG,J - (1.) IT is quite common and now almost a recognised tendency amongst the people that many a time they involve persons other than the actual offenders. Therefore, it is difficult task for the Courts to distinguish between the two types of offenders facing the trial. Amongst array of accused persons may be that they are innocent but if the evidence reflects that the few left one are really involved in the crime, they cannot escape the responsibility. The Courts have to separate the grain from the chaff so that the justice is done and may be that all the persons arrayed may not be exonerated if the evidence exists against a few.
(2.) JIT Singh a land owner and agriculturist belonging to village Bareta, within the area of Police Station, Bareta, District Mansa had earlier married with Jaswant Kaur, the appellant and then Narinder Kaur, the deceased. From the first wife Jaswant Kaur i.e. one of the appellants, he got two sons namely Balwinder Singh Bhagta Singh and three daughters. From the second wife he had a son namely, Kulwant Singh P.W. 2. Kulwant Singh and Narinder Kaur lived in village Maur Kalan. They had shifted the present village i.e. Bareta a year or so before the occurrence. There was a land dispute regarding the property of Jit Singh between the two ladies and by way of a civil suit a decree Ex.PT was obtained by Kulwant Singh P.W.2. This led to a bad blood between the two widows and their respective sons and the daughters supported the claim of their own mother. On 20.4.1995, at about 2.00 or 2.30 p.m. a conspiracy was alleged to have been hatched amongst the five appellants i.e. the two sons and two daughters and the widow of Jit Singh the Narinder Kaur, the second wife, who was trying to be a source of trouble and was putting the appellants in unnecessary litigation and was trying to usurp their land be eliminated. This conversation was heard by Gajjan Singh P.W. 4 and Karam Singh P.W. 7. In pursuance of the said conspiracy Balwinder Singh armed with a 12 bore gun, Bhagta Singh armed with a dang and Jaswant Kaur, Harinder Kaur and Balbir Kaur unarmed lifted Narinder Kaur from near the shop of one Mohinder Singh Lalari and took her towards the canal bank. Kulwant Singh P.W. 2 tried to rescue his mother. Balwinder Singh aimed his gun towards him and told that his mother was going to be taught a lesson and that he too would also not be spared. He out of fear went towards village Maur Kalan. Jaswant Kaur caught hold of Narinder Kaur from her arm while Harinder Kaur caught her from other arm and Balbir Kaur caught hold of legs of Narinder Kaur and threw her in the canal in the presence of Billu Singh P.W. 3 and Gajjan Singh P.W. 4. Kulwant Singh P.W. 2 made a statement Ex.PD before SI Kesar Singh P.W. 9 and on its basis formal FIR Ex.PD under Sections 364/148/149 of the Indian Penal Code was registered at Police Station at 4.30 p.m. on 20.4.1995. Special report was sent to the learned Ilaqa Magistrate. Thereafter the aforesaid Sub-Inspector accompanied by SI Ujagar Singh P.W. 8 went to scene of occurrence and prepared site plan Ex.DA and recorded the statement of the prosecution witnesses. Search for Narinder Kaur was made by the police party. The dead body of Narinder Kaur was recovered from the canal just ahead of village Dhanpura bridge at 12.30 p.m. on 21.4.1995. The same was taken out and got identified from the prosecution witnesses. Ruqa Ex.PE was sent to the police station for change of offence to that under Section 302 of the Indian Penal Code. Inquest report Ex.PC was prepared on the dead body of Narinder Kaur and the dead body was sent for postmortem. The belongings of the deceased were taken into possession vide memo Ex.PO. He arrested Jaswant Kaur, Harinder Kaur and Balbir Kaur. Their personal search memo Ex.PQ was prepared. On 28.4.1995 Balwinder Singh and Bhagta Singh accused were arrested. The investigation was later on entrusted to SI Ujagar Singh PW.8. He interrogated Balwinder Singh and Bhagta Singh accused on 30.4.1995. In pursuance of his disclosure statement Ex.PM Bhagta Singh got recovered one dang Ex.P13 which was taken into possession vide memo Ex.PN/2. Similarly, in pursuance of his disclosure statement Ex.PN, Balwinder Singh got recovered one 12 bore DBBL gun Ex.P12 along with licence and seven live cartridges which were taken into possession vide memo Ex.PN/1. After completion of the investigation, the accused were put to trial.
(3.) DR . Kuldeep Raj, PW.1 conducted postmortem on the dead body of Narinder Kaur on 21.4.1995 at 3.45 p.m. and found the following injuries :- (1) Abrasion brownish 1 x 0.5 cms on dorsum of left hand near base of index finger. (2) Abrasion 2 in numbers 1 x 0.5 cm each on dorsum of right hand brownish in colour and at base of big and ring finger. In the opinion of the doctor the death was due to asphyxia as a result of drowning which was sufficient to cause death in the ordinary course of nature. Ex.PA is the copy of the post mortem report. ;