- (1.) This judgment shall dispose of four appeals bearing CRA-D No. 974-DB of 2002 filed by appellant Nazar Singh, CRA-D No. 806-DB of 2002 filed by appellant Sohan Singh, CRA-D No. 951-DB of 2002 filed by appellant Meena and CRA-D No. 952-DB of 2002 filed by appellant Baljinder Pal alias Bhao, as all these four appellants have been held guilty, convicted and sentenced by a common judgment of conviction and order of sentence, in one First Information Report. Appellant-accused Baljinder Pal alias Bhau was held guilty and was convicted for the commission of offence under Sections 120-B, 302 and 201 of the Indian Penal Code (for short "I.P.C.") and was sentenced as under:- "Under Section 302 I.P.C. to undergo imprisonment for life; under Section 120-B I.P.C. to undergo imprisonment for two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one month; under Section 201 I.P.C.--to undergo imprisonment for three years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for three months vide judgment and order of sentence dated 12.10.2002." Appellants-accused Meena, Nazar Singh and Sohan Singh were held guilty and were convicted for the commission of offence under Sections 120-B, 302 read with Section 34 I.P.C. and 201 of I.P.C. and were sentenced to undergo imprisonment for life under Section 302 read with Section 34 I.P.C.; to undergo imprisonment for two years and to pay a fine of Rs. 1000/- each under Section 120-B I.P.C. and in default of payment of fine to undergo further rigorous imprisonment for one month; and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each under Section 201 I.P.C. and in default of payment of fine to undergo further rigorous imprisonment for three months vide judgment and order of sentence dated 12.10.2002. It was ordered that all the substantive sentences shall run concurrently.
(2.) On the statement made by Beant Singh son of Karora Singh, resident of Village Bhaku Majra before Pritam Singh, S.H.O., Police Station Central Phase-8, Mohali on 31.07.2000, First Information Report No. 218 dated 31.07.2000 under Sections 302/201 read with Section 34 of the I.P.C. was registered. It was stated by Shri Beant Singh that at the relevant time he was residing in House No. 1317, Khalsa Colony, Chamkaur Sahib and was working as a Works Inspector in P.W.D. Department. They were three brothers among whom Kehar Singh was eldest and Bhoop Singh was employed as Junior Engineer, Horticulture in the Department of PUDA, Mohali and alongwith his children was residing in House No. 2631, Sector-71, Mohali. Their mother Smt. Khushal Kaur who was very old, was also living with Bhoop Singh for the last about 1/1 1/2 months prior to the occurrence. On 02.07.2000, he (Beant Singh) received a telephonic call from Meena wife of Bhoop Singh, who told him that Bhoop Singh had left the house a day before i.e. on 01.07.2000 at 5:30 a.m. and had not returned since then. On receipt of information, he went to the house of his brother at Mohali where he was informed by Meena that in the morning on 01.07.2000, at about 5/5:30 a.m., a Maruti Car, in which three persons were travelling, had stopped in front of their house and given horn and her husband Beant Singh, who was already ready, had gone and sat in the Car telling her that he will return by 11 a.m. but he never came back. They searched for Bhoop Singh but he could not be found. Some applications were given to some authorities, but to no result. It was further stated by complainant Beant Singh that on that day i.e. 30.07.2000, he alongwith Sucha Singh son of Kartar Singh had come to Mohali to enquire the whereabouts of his brother. When they were standing in the market of Sector-71, Mohali, Sohan Singh alias Pappu son of Gurdit Singh, resident of Mataur (accused-appellant) came and took them aside and after confirming that Beant Singh was brother of Bhoop Singh, disclosed to them that he and Baljinder Pal alias Bhau son of Sant Ram, resident of Ajnala and Nazar Singh Sandhu son of Bachan Singh, resident of Purkhali (both accused-appellants) on the night of 30.06.2000 were sleeping in a quarter in Sector-70, Mohali, when at about 10 p.m. Mr. Shukla of Public Call Office, that was being run on the ground floor of the house, came and told Baljinder Pal that there was a telephone call for him. Baljinder Pal went to attend the call and after 5-7 minutes he came back and told them that the telephone call was from his beloved Meena (accused-appellant). He also told them that they were having love affair for the last 2-2 1/2 years and wanted to live together separately. Meena had informed him on telephone that all her children were out of the house that night and her husband was alone sleeping in the house and that they should avail the opportunity and kill him. Baljinder Pal also told that as per the arrangement, he had purchased sleeping pills from a shop that day and had sent to Meena and he had been informed on telephone by Meena that the pills had been mixed in milk by her and given to Bhoop Singh due to which he was in deep sleep and that he (Baljinder Pal) should come and finish him. Baljinder Pal disclosed that Bhoop Singh had come to know about their love affair and had started restraining and beating Meena almost daily. Sohan Singh further told Beant Singh and Sucha Singh that Baljinder Pal asked him and Nazar Singh to accompany him. He was little hesitant, but on being pressed, he accompanied Baljinder Pal and Nazar Singh and all three of them went to the house of Meena by means of Scooter No. CH-01L-4080 arranged by Nazar Singh. While leaving the house Bay inder Pal took a small Kirpan with him. At about 12'O clock/12:30 during midnight, they reached the house of Meena. As preplanned, Meena had opened the door of the house and had tied the dog and she met them at the gate. She told that Bhoop Singh was sleeping in rear room on the first floor (Chobara). Baljinder Pal and Nazar Singh went upstairs while he (Sohan Singh) kept standing outside the house. After sometime, he heard shirks of "Mar Ditta-Mar Ditta" of Bhoop Singh. Thereafter, both Baljinder Pal and Nazar Singh came out of the house and told that Bhoop Singh had been killed by giving Kirpan blows and his dead body was to be disposed of. Taking him along, they went upstairs and brought down the dead body. While Baljinder Pal sat on the driver seat of the Scooter, the dead body of Bhoop Singh was placed in between him and Nazar Singh who sat on the pillion seat. They went and threw the dead body in the bushes near the rivulet in the area of Village Bariali and then came back. The wrist watch removed from the dead body of Bhoop Singh was kept by Nazar Singh and the silver bracelet was taken and put in his pocket by Baljinder Pal. The Kirpan was thrown by Baljinder Pal in the pond. Sohan Singh continued that out of fear he did not disclose the incident to anybody. Admitting that he had committed a mistake, he prayed to Beant Singh that he be saved.
(3.) Beant Singh and Sucha Singh then took Sohan Singh to the police station to lodge a report. Narrating the incident in detail Beant Singh stated that his brother Bhoop Singh had been murdered by his sister-in-law (Bhabhi Meena), in collusion with Baljinder Pal, Nazar Singh and Sohan Singh.;