- (1.) The appellants and their mother Gian Kaur were tried for the offences under Sections 302 read with Section 34 and both the appellants also for the offence under Section 201 of the Indian Penal Code, for having committed the murder of Surjit Kaur, the wife of Gulab Singh, appellant-accused at about 5.00 a. m. on 26.7.2003 and stealthily cremating the dead body in order to cause the evidence of murder to disappear, for screening the offenders from legal punishment. Learned Additional Sessions Judge (Adhoc), Fast Track Court, Patiala convicted both the appellants of the charges framed against them vide judgment dated 17.8.2005 and acquitted Gian Kaur co-accused by extending her the benefit of doubt. Both the appellants were sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- each, in default thereof, to undergo imprisonment for one year, under Section 302 read with Section 34 of the Indian Penal Code, and for five years rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year, under Section 201 of the Indian Penal Code. The sentence of Gulab Singh, appellant-accused was to run consecutively, but the substantive sentence of Sarban Singh awarded under Section 201 of the Indian Penal Code was to run concurrently with the sentence of life imprisonment, awarded under Section 302 read with Section 34 of the Indian Penal Code.
(2.) Mohinder Singh son of Ujjagar Singh, the father of Surjit Kaur and resident of village Kharoula, reported the incident to the Police, vide his statement Ex. PA, which was recorded on 26.7.2003, at about 8.45 a. m. The prosecution story as unfolded during the trial is that the daughter of Mohinder Singh, Complainant was married to Gulab Singh, accused-appellant, about 12/13 years ago. She had three children from the wedlock; one son and two daughters. Gulab Singh, accused was posted as Constable in the Police Department. He used to have constant quarrel with the deceased. Few days before the incident, both the appellants and Gian Kaur their mother gave beating to the deceased for which a compromise dated 13.7.2003 was reached.
(3.) On 26.7.2003 at about 5 00 a. m. Darshan Singh (PW 3) son of the complainant, received a telephonic message from Surinder Kumar, member panchayat of village Manakpur, that Surjit Kaur is suspected to have been killed by the accused-appellants and their mother, and that the dead body was being taken for the cremation in a three-wheeler bearing registration No. PIP-6957. Mohinder Singh along with his son Jagjit Singh immediately started towards the village of the accused i. e. Manakpur on a motor-bike and on reaching there, saw the pyre of his daughter in flames. Both the accused-appellants were sitting near the pyre. There was a threewheeler parked nearby. Mohinder Singh and his son, tried to put off the pyre, but the appellants prevented them from doing so. When Mohinder Singh tried to attack them with a gandasi, with which he was armed, the accused fled from there in the auto-rickshaw. The complainant and his son then extinguished the fire, that in the meantime, Darshan Singh the other son of the complainant, Bhajan Singh Sarpanch, Kashmir Singh Lambardar and some other residents of the village of the complainant reached there.;