- (1.) It was an allegation against the appellants that, in the intervening night of 25th December, 2002, within the area of village Shatrana, they in furtherance of their common intention, had intentionally committed murder of Tarlochan Singh Bhullar alias Baba Bhullar. It was further allegation against them that on the above date, they had also committed lurking house-trespass at night, by entering in a building belonging to the above deceased and voluntarily caused his death. Dead body of Baba Bhullar was noticed by PW4 Mohinder Singh on January 1, 2003, at 6.15 PM. He intimated the police by making statement Ex. PE. His statement was recorded by Inspector Tarun Rattan (PW12), whereupon FIR Ex. PE/2 was registered in Police Station Patran on January 1, 2003, at 6.30 PM for commission of an offence under Section 302/34 IPC. Offence under Section 460 IPC was added in the FIR on January 7, 2003.
(2.) The trial Judge has noticed following facts from the statement of Mohinder Singh (PW4): Who has stated that he is resident of village Shatrana and is Ex.Sarpanch. One Nihang Singh namely Tarlochan Singh Bhuller son of Bhag Singh who was familiar with the name of Baba Bhullar aged about 70 years and he was residing in the Guruduwara Sahib, Shatrana for the last 30/35 years and he was taking meal from the village. He further deposed that there are two other big Guruduwara in the village, as such, number of devotees coming to this Guruduwara was less. Since Baba Bhullar was not seen for the so many days, therefore, the complainant and Kalla Singh son of Joginder Singh, Amarjit Singh son of Nirbhai Singh and Tehal Singh Sarpanch went to Guruduwara Sahib to see him and found that room of Baba was locked and when they saw through the windows and felt that foul smell was emitting from inside the room and Baba Bhullar was lying dead on the cot and some unknown persons had killed him. The complainant after leaving Kalla Singh, Amarjit Singh there has come along with Tehal Singh to lodge the report. Inspector Taran Rattan after recording the statement of the complainant put his endorsement on the same and forwarded the same to the Police Station through C. Satnam Singh on the basis of which formal F.I.R. Under Section 302 IPC was recorded.
(3.) After recording statement of PW4, the Investigating Officer Inspector Tarun Rattan went to the place of occurrence, broke open door of the room in which dead body was lying, prepared inquest report on the dead body and sent it for post-mortem examination, which was conducted by Dr. Parshant Gautam (PW1) on January 2, 2003, at 11.15 AM. In the meantime, the Investigating Officer removed blood stained earth from the spot and it was taken into possession against a recovery memo. A cot and a broken lock were also seized against recovery memos. It was also noted that the accused, who had committed murder of Baba Bhullar, had taken away a mare of the deceased. On January 7, 2003, the Investigating Officer recorded supplementary statement of Mohinder Singh (PW4), and the statements of Wadhwa Singh (PW5) and Baldev Singh (PW6). In his statement, PW5 has stated that he had seen both the appellants accused on December 28, 2002 with a mare of the deceased. It is further stated that he had brought the above fact to the notice of PW4 Mohinder Singh. PW6 Baldev Singh has stated that on December 25, 2002, at about 8 or 9 PM, he had found both the accused taking liquor in the Dera of Avtar Singh and they were making a plan to take away mare of the deceased. It is further case of the prosecution that both the appellants had made an extra-judicial confession admitting their guilt before Satnam Singh (PW7) on January 7, 2003. The appellants were arrested on January 8, 2003. On a disclosure statement made by appellant No. 2- Ranpat, weapon of offence ( a Sua) was recovered from his residential house. Similarly on a disclosure statement made by appellant No. 1, a mare was recovered from the house of his brother-in-law Baldev Singh (DW1) of village Chicharwal. On completion of investigation, final report was put in Court.;