He identified the items recovered in the companyrt.
The companyrts below have rendered a finding on the basis of recovery and on the evidence of Kulwinder Kaur, PW 1, who was an eye witness.
Upon perusing the report of the Forensic Science Laboratory it was found that the dagger and the earth were stained with human blood.
It was found, that he was away to Pakistan.
The Trial Court and High Court have rendered a clear finding that these two killed Gurcharan Singh in the park.
Accused Satbir Singh also made a disclosure statement, as a companysequence of which, a Bajaj Chetak scooter bearing registration No.
CH 01 D 4465 and a blood stained shirt Exhibit W. 19/L , which was lying in the bushes near the drain beside the road that companynects Papri and Manauli were recovered.
The case of Satbir Singh and Rachhpal Singh, who had assailed Gurcharan Singh, can be taken up separately from that of accused Bakhshish Singh, who is said to be the mastermind of the crime.
The police eventually found that said scooter was registered in the name of one Rakesh Kumar PW 5 , who stated that he had sold the same to accused appellant Satbir Singh through Sirikant Bhandari PW 3 , who was doing the business of sale purchase of vehicles.
These articles were found wrapped in a polythene bag and kept beneath the earth.
On June 22, 2003, sub Inspector Ramandeep Singh PW 21 sent a numberice under Section 160 of the Code of Criminal Procedure hereinafter referred to as the Code to Bakhshish Singh.
One of them was having a cut mark on his arm.
The companyplainant, Kulwinder Kaur, PW 1, apart from reporting the incident to sub inspector Ramandeep Singh P.W. 21 asserted that she companyld identify the assailants on seeing them.
On the material day, she started little later than him but followed him to the park.
The said numberice was served upon Bakhshish Singh at the Wagha Border, immediately on his entering India from Pakistan.
After companypletion of the prosecution evidence, statements of the accused were recorded under Section 313 of the Code.
One of them had a cut mark on his arm both of them had blood stains on their clothes one of them was having a blood stained dagger type knife in his hand both of them jumped the hedge of the park and went away on a Bajaj Chetak Scooter bearing registration No.
Hence the Ilaka Magistrate did number hold their identification parade and passed the order dated July 04, 2003 in this regard.
His wife Kulwinder Kaur also cried for help.
The charge was that Bakhshish Singh companyspired with Satbir Singh and Rachhpal Singh to murder Gurcharan Singh.
Upon reading the said numberice, Narinder Banwait PW 19 met sub inspector Ramandeep Singh P.W. 21 on June 23, 2003.
According to the prosecution on July 03, 2003 a call was received by Deputy Superintendent of Police Daljit Singh PW 20 from Amar Singh PW 13 , to the effect that appellants Satbir Singh and Rachhpal Singh were present at his house with him and that they had on June 21, 2003 murdered Gurcharan Singh at the instance of Bakhshish Singh and that he had requested them to surrender before the police as the police was looking for them.
The cause of death was given as multiple stab injuries.
She and her husband raised an alarm Bachao Bachao.
They numbericed multiple stab injuries on the dead body of Gurcharan Singh.
She was 20/25 steps behind her husband.
Soon thereafter his wife Kulwinder Kaur, PW 1, joined him.
Rachhpal Singh is an accomplice of Satbir Singh having numberapparent companynection with Bakhshish Singh.
When Gurcharan Singh reached near the main gate of the park, two tall young men attacked Gurcharan Singh with daggers.
Her actual description is clean shaven with a trimmed beard.
Later, the Doctor at the request of the police gave her opinion that the injuries were inflicted by a sharp edged weapon.
Later, when she was about 20/25 steps behind his husband two boys came inside the park from the main gate and assaulted his husband.
It was blood stained and was taken into possession.
One of them was 32/33 years and the other was of the age of 28 years.
1111 of 2009 and Rachhpal Singh appellant in Appeal No.
According to the prosecution, Gurcharan Singh was the founder Chairman of the said Trust and there were 8 Trustees Members of the Trust, including Kulwinder Kaur, PW 1, Bakhshish Singh accused appellant and his wife Hardev Kaur.
He also deposed to the disclosure made by Rachhpal Singh and the recovery of one dagger and blood stained clothes.
The two men stabbed Gurcharan Singh barbarically and fled the scene.
The doctors who examined him at the hospital declared him dead.
However, he did number turn up.
He also took into his possession blood stained dagger Exhibit P.2 from the hedge of the park and some leaves from the nearby hedge which were blood stained.
He, however, stated that both the accused were saying that Kanda Kad Ditta Hai of Chairman and Chacha is number present in India and they should go to Chachi to take the money.
He identified scooter and other articles also.
In companyrt, she stated that the said two boys are present in companyrt and she can identify them as they are the same persons who stabbed her husband.
When he was outside the park, he saw two young men running towards Phase XI Mohali, in suspicious circumstances.
Bakhshish Singh accused appellant, wanted to become Chairman of the said trust and often used to give threats to Kulwinder Kaur, PW 1 and her husband Gurcharan Singh deceased .
Thereafter, sub inspector Ramandeep Singh P.W. 21 accompanied by Kulwinder Kaur, PW 1, went to the place of occurrence and inspected the spot.
He further stated that he signed the disclosure statement of Satbir Singh and went to the place of occurrence as disclosed by the accused along with the police.
Sessions Judge, Rupnagar, Punjab by companyvicting and sentencing accused Bakhshish Singh appellant in Appeal No.
The dagger and the clothes recovered at the instance of Rachhpal Singh were also found to be blood stained with human blood, vide report Exhibit P.A/4.
At the trial, the prosecution examined as many as 21 witnesses.
She stated that motive may be the result of a companyspiracy entered by Bakhshish Singh along with his wife Hardev Kaur to get the Chairman Ship of the Khandi Friends Educational Trust of which Gurcharan Singh was the Chairman.
They inflicted injuries on his chest and neck.
CH 01 D 4465, which was parked near the road.
We may number turn to the statements of the sole eye witness of the assault, Kulwinder Kaur, PW 1, the wife of the deceased.
In companysequence of disclosure statement, the police party led to said Railway Bridge and recovered a blood stained dagger Exhibit P.W. 19/D and a blood stained shirt Exhibit P.W. 19/G and trouser Exhibit P.W. 19/F from the disclosed place.
One of them had a dagger knife in his hand, which was also blood stained.
Dr. Navneet Kaur PW 8 companyducted post mortem examination on the dead body of Gurcharan Singh at Civil Hospital, Mohali.
Both the said boys were with trimmed beard.
These articles were taken into possession vide seizure memo Exhibit P.W. 19/E , attested by Narinder Banwait PW 19 and Assistant sub Inspector Iqbal Singh.
The sale of scooter to Satbir Singh was made against the payment receipt Exhibit P.W. 4/B and delivery receipt Exhibit P.W. 4/C , which carried signatures of Satbir Singh.
These two appellants were formally arrested by sub inspector Ramandeep Singh P.W. 21 on July 03, 2003.
On July 05, 2003, Rachhpal Singh made a disclosure statement to the effect that he had companycealed blood stained dagger used by him in the crime and his blood stained clothes near the under companystruction Railway Bridge in the area of Village Chilla.
They jumped the bushes in his presence and fled away on a Bajaj Chetak scooter bearing registration No.
271 dated June 21, 2003.
Sub inspector Ramandeep Singh made inquiries from him and asked him to meet on the next day.
They confirmed his death as having been occurred at 6.00 am on June 21, 2003.
Kulwinder Kaur, PW 1, in her deposition has stated that when she was walking about 20/25 steps behind her husband, two boys clean shaven with trimmed beard came from the main gate and assaulted her husband with a dagger.
Guneet Kaur, daughter of Kulwinder Kaur, PW 1, was also studying in the said institute in the year 2002.
He stated that he read a public numberice in the newspaper issued by S.P. Police requesting the public for any clue for the murder of Gurcharan Singh and then he approached the police and got his statement recorded by the police.
Since there was numberclue regarding the assailants, a numberice was published in the newspaper of the area on June 22, 2003 calling upon public in general to disclose if they had any clue about the incident.
An election was held to the post of Chairmanship of the said Trust, in the year 2002, in which Gurcharan Singh was elected as Chairman whereas appellant Bakhshish Singh was number elected to any of the offices of the Trust and therefore he was annoyed with Gurcharan Singh.
Hardev Singh, PW 2, a neighbourer of Gurcharan Singh heard the cry of Kulwinder Kaur, PW 1, and reached the spot and arranged a vehicle and removed Gurcharan Singh to the Fortis Hospital at Mohali.
He also deposed that Satbir Singh led the police party to the disclosed place and got recovery of a driving licence, the sale letter regarding the purchase of the scooter and one visiting card of some Hotel from the dickey of the scooter along with one blood stained shirt, which was torn from the left side.
Alongside the hedge, there was a barbed wire and a piece of cloth was found entangled therein.
334 DB of 2007 whereby the High Court affirmed companyviction of the appellants as held by the Addl.
Their clothes were stained with blood.
1110 of 2009, Satbir Singh appellant in Appeal No.
Satbir Singh is a nephew of Bakhshish Singh.
Sub inspector Ramandeep Singh P.W. 21 recorded statements of the witnesses and sent the dead body of Gurcharan Singh to the Civil Hospital, Mohali, for post mortem examination.
He identified them in the companyrt.
CH 01 D 4465 of blue companyour.
Appellant accused Bakhshish Singh was also arrested on July 03, 2003, from the Bus Stand at Ropar after sub inspector Ramandeep Singh received information that he was there.
1112 of 2009 for imprisonment life under Section 302 of the Indian Penal Code, 1860 for short IPC and fine in F.I.R. No.
He then deposed to the recovery of Bajaj Chetek Scooter bearing registration No.
Satbir Singh and Rachhpal Singh applied before the Ilaqa Magistrate that they are number willing to their identification parade.
On receipt of intimation, sub inspector Ramandeep Singh P.W. 21 reached the Fortis Hospital and recorded statement of Kulwinder Kaur PW 1 .
These articles along with scooter were taken into possession vide seizure memo Exhibit P.W. 19/H. The blood stained earth and dagger recovered from the place of occurrence were sent to the Forensic Science Laboratory.
He cried for help.
That piece of cloth appeared to be a part of the pocket of a shirt of a man.
At the Fortis Hospital, Gurcharan Singh was attended by PW 7 Dr. Kamaljit Chachal and PW 8 Dr. Sanjay Ahulwalia.
The thrust of the prosecution is to prove that in order to eliminate Gurcharan Singh and to make free the Trust from the companytrol of Gurcharan Singh Bakhshish Singh employed his brothers son Satbir Singh and his friend Rachhpal Singh.
He disclosed that on the material day, when he came near the hedge of the park in question, he saw two young men running towards Phase XI, Mohali in suspicious circumstances.
On July 04, 2003, sub inspector Ramandeep Singh P.W. 21 produced all the accused before the Ilaqa Magistrate.
His driving licence and visiting cards from the boot of the scooter were also recovered.
The said assailants are appellants Satbir Singh and Rachhpal Singh.
He companylected blood stained earth from there and took into his possession two buttons lying nearby.
The post mortem examination revealed as many as 17 wounds on the chest and neck of the deceased Gurcharan Singh.
Appellants accused pleaded their innocence.
He made his endorsement over it and sent it to the Police Station, Mohali.
They were about 26/27 years old.
These appeals are directed against the judgment and order dated 17.07.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
A. BOBDE, J. By this companymon judgment, we propose to dispose of these appeals as they arise out of the same incident and involve companymon questions of law and facts.
Bakhshish Singh was found guilty by the Addl.
She raised an alarm Bachao Bachao.
Since Kulwinder Kaur, PW 1, expressed her suspicion regarding the involvement of the Bakhshish Singh, sub inspector Ramandeep Singh P.W. 21 , raided his house.
CH 01 D 4465, which was parked near the road outside the park.
Narinder Banwait PW 19 , who had informed the police, after reading the public appeal for clues, stated in his evidence that he had gone to that park for a morning walk on 21st June, 2003.
