JUDGEMENT
FATEH DEEP SINGH,J -
(1.)SARJA Singh aged around 65 years along with his
daughter in law Baljit Kaur aged around 35 years (both the deceased)
were residing in their house in village Rurki Hiran along with Simranjit
Kaur a minor girl aged 11 years daughter of Baljit Kaur deceased as
Ravinder Singh @ Laddi husband of Baljit Kaur was settled in
England since many years. On an early morning of 16th September,
2006, around 3.00 A.M. Simranjit Kaur PW 12 suddenly woke upon hearing of raula and when she got up saw that her mother lay with
multiple injuries in the room where the child was sleeping with her and
in the courtyard her parental grand father Sarja Singh's body was found
in a similar state. Both the bodies were splattered with blood and
meanwhile saw two persons clad in white kurta pajama rushing out of
the house, who thereafter went on a scooter (subsequently found
bearing No.PB10AA2204). Thereafter, the child rushed to the house of
their neighbour Pal Singh PW 8 and informed of as to what has
transpired. Thereafter, the matter was reported to Kaka Singh Sarpanch
PW 11, who rushed to the place of occurrence and telephonically
informed the police Inspector SHO Sohan Lal of Police Station
Chamkaur Sahib, who on the basis of this intimation reached the place
of occurrence along with other police officials and recorded statement
of Kaka Singh Exhibit PW11/A. In his statement, the complainant
stated that he was woken up around 3 A.M on 16.09.2006 by Pal Singh
his co villager, who disclosed him as to what had been told to him by
Simranjit Kaur that some unknown persons who were wearing white
kurta pajama had murdered her mother and grand father and,
therefore, went away on scooter and that this witness has gone
immediately to the place of occurrence and seen the dead bodies
smeared with blood. That of Sarja Singh lying in the courtyard and that
of Baljit Kaur inside a room of the house, both the bodies bearing
injuries which appeared to have been caused by sharp edged weapons.
The statement after being read over to him and admitted, was signed by
the complainant upon which Investigating Officer made his
endorsement Exhibit PW17/A, who sent the ruqa leading to the
registration of the FIR Exhibit PW16/B by SI Gurbax Singh PW 16
and that is how the investigations into this double murder got initiated.
(2.)MEANWHILE , the Investigating Officer prepared inquest report of Sarja Singh Exhibit PW17/C and of Baljit Kaur Exhibit PW
17/D and through photographer Lakhwinder Singh PW 9 got clicked the photographs of the site by way of Exhibits PW9/1 to PW9/25 with
correspondence negatives Exhibits PW9/26 to PW9/49. The
investigating officer recorded the statements of the witnesses and
prepared a rough site plan of the place of occurrence Exhibit PW17/B.
Inspector Sohan Lal summoned SI Subhcharanjit Kaur PW 1, Finger
Print Expert and from the place lifted moulds Exhibits P2 to P4 of tyre
impressions of the scooter and took the same into police possession
through memo Exhibit PW11/D along with the report of the expert
Exhibit PW1/A and handed over the same through memo Exhibit
PW1/B. The dead bodies were handed over to HC Amarjit Singh, PW
2. Dr. Jagdip Singh PW 10 conducted the post mortem examination on the dead bodies and gave his report qua Sarja Singh Exhibit PW10/A
with pictorial diagram as Exhibit PW10/B and in respect of Baljit Kaur
PW10/C and pictorial diagram showing as Exhibit PW10/D and opined
the cause of death due to these ante mortem multiple injuries which
were sufficient to cause death in the ordinary course of nature.
Meanwhile, from the place of occurrence, the investigating officer
lifted samples of blood stained earth and plain earth and took them in
police possession through memo Exhibit PW11/B and also lifted one
chappal Exhibit P 1 stained with blood through memo Exhibit
PW11/C.
It is during the course of investigation, it transpired that Sarja Singh had earlier purchased a plot of land and had handed it to
his daughter Paramjit Kaur wife of accused Sukhwinder Singh, who
had built a house on it and during the period of time Sarja Singh's
relations with his sons Ravinder Singh @ Laddi and Jatinder Singh
accused soured and so of Baljit Kaur with her husband Ravinder Singh
@ Laddi, who wanted to undergo another marriage in U.K. which was
not to the liking of his father and therefore Sarja Singh transferred his
house in village Rurki Hiran in the name of Baljit Kaur through sale
deed PW5/A and also took away the plot from his daughter, regarding
which a civil suit was filed by Paramjit Kaur by way of permanent
injunction with plaint PW6/A. It was during the gathering Pawandeep
Singh PW 13 brother of Baljit Kaur heard Jatinder Singh @ Sabbi
accused talking to Sukhwinder Singh accused that Sukhwinder Singh
should go away and inform Darshan Singh accused that he should take
away Gurmukh Singh accused along with him and must got to Uttar
Pardesh and that it be intimated that they should remain in touch with
Jatinder Singh on phone and they will be intimating the development
taking place regarding this occurrence. On the basis of this, the
Investigating Officer SI Gurcharan Singh PW 15, arrested accused
Darshan Singh, Jatinder Singh, Gurmukh Singh on 17.09.2006 and
Sukhwinder Singh on 19.09.2006 and were served with formal memos
Exhibits PW14/K, PW14/L, PW14/P, PW14/Q, PW14/R, PW14/T,
PW14/U, PW14/V, PW14/W and the police through application
Exhibit PW14/S had procured the copy of the sale deed in favour of
Baljit Kaur.
(3.)ACCUSED Darshan Singh while in police custody on being interrogated suffered disclosure statement Exhibit PW14/A that he has
kept concealed a weapon of offence kirch and one of the right foot of
the chappal in the varanda of his house and can get the same recovered
rough sketch of kirch was prepared and after it was converted into
parcel was taken into police possession through memo Exhibit
PW14/C regarding which recovery of blood stained iron kirch rough
site plan Exhibit PW14/G was prepared. Similarly, accused Gurmukh
Singh suffered a disclosure statement Ex.PW14/B that he has kept
concealed the weapon of offence a kirch near the Gurudwara behind
the bus stop of which he only knew and on the basis of the same, got
recovered the kirch, which was prepared into parcel and taken into
police possession vide memo Exhibit PW14/F and rough site plan
Exhibit PW14/G was got prepared along with sketch of the iron kirch
Exhibits PW14/H and PW14/J. Accused Darshan Singh from his
conscious possession got recovered a scooter bearing No.PB 10
AA2204 which was taken into police possession through memo
Exhibit PW14/D regarding which letter was addressed to the District
Transport Officer, Ludhiana Exhibit PW14/M by the police of which
report of the office Exhibit PW14/N was received and it transpired that
the scooter was originally owned by Nachhattar Singh PW 7, who had
sold it to accused Darshan Singh and which was used by accused
Darshan Singh and Gurmukh Singh in the commission of these
murders after entering into conspiracy with accused Jatinder Singh @
Sabbi and Sukhwinder Singh.
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