DARSHAN SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-10-7
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 05,2013

DARSHAN SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents




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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