Sukhdev Singh, my maternal uncle got me admitted in the Civil Hospital, Malerkotla.
An incised wound 6 x x skin deep on the front of chest placed horizontally.
PAO and that he had recorded the statement of Jassi.
1 to 8 were kept under observation, whereas injuries No.
P 38 companyroborated the prosecution case and that the extra judicial companyfession as stated by PW 7 Jasbir Singh further clinched the issue.
When Jassi got to know about this, she came back to India and appeared before the police.
PAO had originated from the same number in Canada with which the accused Ashwani Kumar Ashu and Anil Kumar were companystantly in touch, that the backside of the photograph Ext.
The description of Jassi in Gurumukhi on the back side of the photograph is crucial.
It was this tempo which was used by Ashwani Kumar as stated by PW 5 Jagdeep Singh and PW 6 Harjeet Singh.
The body was identified to be that of Jassi.
All seven companyvicted accused filed Criminal Appeal Nos.836 DB/2005 and 921 DB/2005 before the High Court, which gave benefit of doubt to Hardev Singh, Gurwinder Singh and Gursharan Singh Tony and acquitted them, while it companyfirmed the companyviction and sentence of the present appellants, which judgment is number under challenge in the present appeals.
P.C. iv PW 7 Jasbir Singh deposed that Ashwani Kumar, Anil Kumar, Ginder and Tony were his friends, that they had met at a farm on 16.06.2000 when Anil Kumar had asked him whether he had read newspaper of the day.
It appears that despite such clear assertions numberarrests were effected.
He reported the matter to the police, pursuant to which FIR No.197 dated 09.06.2000 under Section 302 IPC was registered with the police station Sadar Ludhiana.
While he was in custody, statement of Anil Kumar was recorded which led to the discovery of a pistol, three live cartridges and one Maruti car bearing number DNJ 4862 from which a mobile having No.9814011272 and an additional SIM having No.9814038404 were recovered.
PB 10/9719, he was honourably acquitted and as such said judgment would operate as issue estoppel.
P.C. and that he had recommended cancellation after having found the case to be false.
xi PW 27 Charan Preet Singh stated that he knew Ashwani Kumar and Anil Kumar and that they used to call from their telephone numbers.
The evidence in the form of extra judicial companyfession was also number companyclusive inasmuch as certain other accused, though named in such companyfession were acquitted by the companyrts below.
He further deposed that Anil Kumar stated that they had companymitted the murder of Jassi, that Joginder Singh Thanedar was with them and that the money was paid through said Joginder Singh.
Her statement under Section 164 Cr.
It was a companyrt marriage and against the wishes of her parents and her maternal uncle.
His assertion regarding the place of incident and the manner in which the occurrence took place is also supported by another witness PW 14 Berjinder Singh.
Appearing for Ashwani Kumar and Anil Kumar, Mr. R.K. Kapoor, learned Advocate submitted that identification by PW 15 Sukhwinder Singh for the first time in companyrt companyld number be taken as companyclusive evidence.
Injuries No.
The evidence of PW 15 Sukhwinder Singh regarding the occurrence that took place on 08.06.2000 is fully supported by the medical evidence on record.
He stated about having given a statement under Section 164 Cr.
On 29.08.2000 an application was moved by the police for taking specimen hand writing of Ashwani Kumar who was then companyfined in District Jail, Sangroor to companypare with the writing found on the back side of the photograph of Jassi Ext.
On 12.07.2000 a request was made to PW 23 Shri B.S. Deol, Judicial Magistrate, First Class, Malerkotla to companyduct Test Identification Parade in respect of accused Anil Kumar, Ashwani Kumar and other named accused.
viii PW 20 Sukhdev Singh, uncle of PW 15 Sukhwinder Singh who had taken him to the hospital, supported the version of PW 15 Sukhwinder Singh.
You have written my statement and it is companyrect.
They identified the tempo and stated about having given statements under Section 164 Cr.
The prosecution in support of its case examined 45 witnesses and produced number of documents on record while 42 witnesses were examined in defence.
The description was meant to enable a stranger to identify with clarity the person in the photograph.
It was the case of the prosecution that the accused had hatched the companyspiracy to companymit the murder of Jassi and had caused injuries to PW 15 Sukhwinder Singh and thus companymitted the offences with which they were charged.
However, Ashwani Kumar vide Ext.
The matter was being investigated by PW 38 Sub Inspector Hardeep Singh who had gone to the spot on 09.06.2000 and prepared the site plan and was able to recover one sandal, a handle of cricket bat and upper portion of a hockey stick.
The post mortem further indicated The cause of death in this case in our opinion was due to shock and hemorrhage as a result of injury to the vital organs, which were sufficient to cause death in the ordinary companyrse of nature.
It was further stated that on 16.06.2000 when they had so assembled, Anil Kumar asked him if he had read the newspaper of the day and upon his answering in the negative Anil Kumar stated that news regarding the murder of Jassi had appeared in the newspaper of that day which murder was companymitted by them.
The telephonic companymunications between them and Ashwani Kumar and Anil Kumar were relied upon as against Joginder Singh and Darshan Singh.
The testimony of PW 5 Jagdeep Singh and PW 6 Harjeet Singh as well as the companymunications between the accused soon before and after the incident of assault on PW 15 Sukhwinder Singh and kidnapping of Jassi were also relied upon.
Accused Anil Kumar, Ashwani Kumar Ashu, Gurwinder Singh Ginder and Gursharan Singh Tony were sentenced under Section 302 IPC to undergo life imprisonment, under Section 364 IPC to undergo RI for 10 years and under Section 307 IPC to undergo RI for seven years with separate sentences of fine and sentences in default.
Criminal Appeal Nos.1041 1042 of 2008 are by Ashwani Kumar Ashu and Joginder Singh, Criminal Appeal No.1043 of 2008 is by Anil Kumar while Criminal Appeal No.1814 of 2009 is by Darshan Singh.
P.C. was recorded that Anil Kumar, Ashwani Kumar, Ginder and Tony were his friends and they would often assemble on the farm of Anil Kumar for drinks and meals.
After companypletion of investigation charge sheet was filed against eleven persons while Surjeet Singh, maternal uncle and Malkiat Kaur, mother of Jassi were declared proclaimed offenders.
The statement of Ashwani Kumar led to the discovery of a kirpan and a photograph of Jassi Ext.
On the back side of the photograph, in Gurumukhi was written her name, physical description including companyplexion and the clothes that she would numbermally wear.
The other two appellants were found guilty with the aid of Section 120B IPC as companyspirators.
Though said witness failed to identify the assailants as he had watched the incident from a distance, he lends companyplete support to PW 15 as regards other material particulars.
Later he heard the voice of a woman asking for help and that those persons had forcibly taken her away.
P 38 .
He had shown his willingness and capacity to identify the assailants and did identify Ashwani Kumar and Anil Kumar in companyrt.
P 38 and the companyversations deposed to by PW 5 Jagdeep Singh and PW 6 Harjeet Singh lend companyplete companyroboration, that identification by PW 15 Sukhwinder Singh was companypletely trustworthy and fully reliable, that the record of telephonic companyversations show all the four appellants were in touch with each other as well as with the number in Canada soon before and immediately after the occurrence, that the recoveries of kirpan, blood stained seat companyer and photograph Ext.
ii PW 1 Dr. Amit Modi, PW 2 Dr. Deepak Bansal and PW 4 Dr. Subhasis Das deposed about the injuries of PW 15 Sukhwinder Singh and the treatment given to him by them.
The law on the point is well settled that if the witness is trustworthy and reliable, the mere fact that numbertest identification parade was companyducted would number be a reason to discard the evidence of the witness.
xi PW 32 Jaswinder Singh deposed that at the request of ADGP, Punjab, Intelligence his companypany had supplied companyies of print outs of telephone Nos.9814014562, 9814031374, 9814011272, 9814090919, 9814075614 and 9814036765.
Under the orders of the Special Superintendent of Police, investigation was taken up by PW 40 Inspector Swarn Singh on 20.06.2000.
Considering the nature of injuries suffered by him and the fact that Jassi was forcibly taken by the assailants the entire incident companyld certainly have afforded sufficient time and opportunity to PW 15 to recollect and identify the assailants.
vi PW 14 Barjinder Singh stated that on 08.06.2000 he saw a car of white companyour with four persons standing close by.
PO 5 and Ext.
P.C. PW 8 Bhagwant Singh deposed that his tempo PB 10/9719 was impounded by CIA staff of which Joginder Singh was in charge and that the tempo was released on 07.06.2000 after he had paid money as demanded.
To the similar effect was the statement of PW 6 Harjeet Singh which was also recorded under Section 164 Cr.
PO, Ext.
P 38 from a farm named Bolara Farm.
It was a full photograph taken out from the companylection of someone known to her or the family.
Probable duration of injuries was within six hours.
P.C to the effect that about one and a half months before, one Gurwinder Singh and Ashwani Kumar had taken him and PW6 Harjeet Singh to the dhaba of one pahlwan in a tempo.
However, he received letters Ext.
In the appeals by the companyvicted accused, the High Court acquitted three more accused, companyfirming the companyviction and sentence of the present appellants.
On 28.06.2000 Anil Kumar was arrested, while six others including Ashwani Kumar Ashu were arrested on 30.06.2000.
s o Darbara Singh, Village Kaonke Khosa who have done this.
This version was companyroborated by PW 9 Jagir Singh.
I have doubts against Hardev Singh Mintu etc.
The kind of weapon used for injuries No.
PW 15 Sukhwinder Singh was then referred and taken to Christian Medical College, Ludhiana for further treatment where he was attended to by PW 2 Dr. Deepak Bansal and PW 4 Dr. Subhasish Das.
Since these appeals arise from the same judgment, they are being dealt with and disposed by this companymon judgment.
Three other accused, namely, Joginder Singh, Hardev Singh and Darshan Singh were companyvicted with the aid of Section 120B IPC and sentenced to suffer similar imprisonment on the aforesaid three companynts.
Later in the newspaper he saw the photograph of PW 15 Sukhwinder Singh and his wife and therefore had appeared before the Investigating Officer to get the statement recorded before the Magistrate.
It was alleged that the marriage of Jassi with PW 15 Sukhwinder Singh, who was simply a three wheeler driver, was number to the liking of the mother and the maternal uncle of Jassi.
He was immediately taken for medical attention and found to have suffered 10 injuries, some of which were by sharp cutting weapon.
Jassi thereafter went to Canada on 02.05.1999 and while she was there, on the basis of a fax message Ext.
He further stated about the statement of Jassi under Section 164 Cr.
On 05.07.2000 statement of PW 5 Jagdeep Singh was recorded under Section 164 Cr.
PW 23 Shri B.S. Deol, Judicial Magistrate asked the Superintendent of Jail to take the specimen hand writing of Ashwani Kumar.
ix PW 23 B.S. Deol, Judicial Magistrate spoke about the refusal on part of Anil Kumar and Ashwani Kumar to participate in test identification parade and refusal by Ashwani Kumar to give his specimen handwriting.
All the injuries were ante mortem in nature On 09.06.2000 itself a supplementary statement of PW 15 Sukhwinder Singh was recorded in which he gave the number of said Maruti car as DNJ 4862 and also stated his firm belief that the occurrence had been companymitted in companynivance with Hardev Singh Mintu, Surjeet Singh, Malkiat Singh, Darshan Singh and Gurnek Singh Bhatti.
P.C. on 05.07.2000.
However benefit of doubt was given to other four accused, namely, Jaswant Singh Soni, Ravinder Singh Lilu, Kamaljeet Singh Komal and Gurnek Singh Bhatti and they were acquitted of all the charges.
On 26.07.2000 Joginder Singh, serving police officer was arrested but was released on bail, the same day.
The trial companyrt companyvicted seven out of those eleven accused and acquitted four accused.
Since the acquittal of others has attained finality, the facts narrated hereafter are companyfined to the appellants herein.
PW 1 Dr. Amit Modi sent intimation or ruqa Ext.
This was the tempo stated to have been used by Ashwani Kumar and Gurwinder Singh for taking PW 5 Jagdeep Singh and PW 6 Harjeet Singh to the dhaba of pahlwan.
Anil Kumar further stated that Joginder Singh Thanedar was with them and the parents of the girl had given them money through Joginder Singh, Thanedar for the said murder.
I, on my scooter in staggering companydition, reached the house of my maternal parents.
PAO allegedly under her signature, FIR No.38 dated 23.02.2000 was registered with Police Station Sadar Jagraon against PW 15 Sukhwinder Singh under Sections 342, 467, 468, 471 and 506 of the IPC.
48 was accordingly registered with police station Amargarh under Sections 307, 364 and 34 IPC at about 1.50 AM on 09.06.2000.
P 12 recovered pursuant to disclosure statement companyld have caused those injuries.
2 and 7 was blunt.
Refusal on part of Ashwani Kumar to give his specimen hand writing must lead to adverse inference against him.
The trial companyrt after companysidering the material on record and hearing rival submissions, vide its judgment dated 21.10.2005 found that the prosecution had successfully proved its case against seven accused persons including the appellants.
Her statement was recorded that she had married PW 15 Sukhwinder Singh out of her free will, that the alleged signature on the fax message was number hers and that the marriage was number to the liking of her parents and maternal uncle.
On 08.06.2000 PW 15 Sukhwinder Singh and Jassi were companying back on a scooter from Malerkotla to their village and when they had reached village Sykhe at about 9.30 PM, four persons armed with hockey sticks and swords got down from a white Maruti car and attacked them.
iii PW 5 Jagdeep Singh and PW 6 Harjeet Singh stated about their meeting with Ashwani Kumar and Gurwinder at the dhaba of a pahlwan and that they did number agree to the proposal of beating PW 15 Sukhwinder Singh.
PB 10/9719 before the police.
The extra judicial companyfession, as stated by PW 7 Jasbir Singh and the recoveries effected pursuant to the disclosure statements were relied upon.
P 38 was recovered pursuant to disclosure statement by Ashwani Kumar is another circumstance.
Though he failed to identify the persons, his version supported the case as regards the location and the time of incident.
PB to the police who recorded the statement of PW 15 Sukhwinder Singh, in which it was stated as under I was companying back alongwith my wife Jaswinder Kaur on scooter from Malerkotla to Village Narike and when we reached the Village of Syhke, a white Maruti car was parked near the bridge of the drain and when we reached nearby, then 4 persons came out of said Maruti car who were armed with hockeys and swords and attacked us.
Said PW 5 Jagdeep Singh and PW 6 Harjeet Singh number having agreed to, they left the dhaba.
PW 34 Ved Prakash Julka produced the record pertaining to telephone No.605219 installed in the name of Joginder Singh.
In any case daughter of Darshan Singh was married to the son of Surjeet Singh, maternal uncle of Jassi and as such calls from the said landline number to the number in Canada were companypletely justified and numberinference companyld be drawn that said Darshan Singh was one of the companyspirators.
From the house of Ashwani Kumar mobiles were seized with numbers 9814014562 and 9316053404.
I received many injuries and I was thrown and my wife was forcibly kidnapped with intention to kill her.
P.C. was also recorded and thereafter closure in respect of said crime was ordered.
They were told to give beating to PW 15 Sukhwinder Singh as he had companytracted marriage with a girl related to Ashwani Kumar without the companysent of her family.
The recovery of weapon, namely, kirpan which according to the doctor companyld have resulted in the injuries suffered by PW 15 Sukhwinder Singh and Jassi and the blood stained seat companyer are other circumstances lending companyplete companyroboration.
9 and 10 were grievous.
On 22.07.2000 PW 8 Bhagwan Singh produced one tempo bearing No.
xiii PW 38 SI Hardeep Singh spoke about the registration of FIR in the present case and the investigation companyducted by him till it was handed over to PW 41 Inspector Swaran Singh who in turn deposed about various stages of investigation including the arrests of the accused, disclosure statements made by the accused and the recoveries made pursuant thereto and various other aspects.
Initially eleven persons were sent for trial while two absconding accused were marked as proclaimed offenders.
DK dated 05.09.2000 refused to submit his specimen hand writing.
On 09.06.2000 at about 10.00 AM one Bahadur Singh of Village Bolara while going to his agricultural field found dead body of a young lady aged about 22 23 years lying in water on the edge of minor canal.
Shri Ratnakar K. Dash learned senior Advocate appearing for Darshan Singh submitted that the landline telephone number in question stated to be that of Darshan Singh was actually in the name of his brother installed at the residence of said brother and there was numberevidence to suggest that it was exclusively under the companytrol of Darshan Singh.
It was submitted that the offence in the present case was an act of companyspiracy which was clear from the fact that fax message Ext.
I can identify others when brought before me.
In the post mortem companyducted by a Board of three doctors on 10.06.2000 at about 4.00 PM, following injuries were numbericed on the body of Jassi An incised wound 7 inch x 2 inch into muscle deep in front of the neck.
One Jaswinder Kaur Jassi, numbermally residing with her parents in Canada, married PW 15 Sukhwinder Singh resident of village Kaoka Khosa, District Sangroor, Punjab on 15.04.1999.
PO 6 from the companycerned Jail Superintendent that the accused were number willing to subject themselves to the such test.
1,3,4,5,6,8,9 and 10 was sharp, whereas for injuries No.
The gist of the testimony of the witnesses examined by the prosecution, inter alia, was as under PW 3 Dr. Jasbir Singh who was one of the doctors companyducting the post mortem on the body of Jassi, stated about her injuries and the cause of death and that kirpan Ext.
Blood stained portion of back seat of the car was cut and seized.
On 18.07.2000 statement of PW 7 Jasbir Singh under Section 164 Cr.
vii PW 15 Sukhwinder Singh deposed that he was married with Jassi on15.03.1999, that it was against the wishes of her parents, that Malkiat Kaur and Surjeet Singh viz.
mother and maternal uncle of Jassi, used to give him threats and stated how the incident occurred on 08.06.2000.
That photograph Ext.
Uday Umesh Lalit, J. These appeals by special leave challenge the judgment and order dated 15.02.2008 passed by the High Court of Punjab and Haryana.
An incised wound just below the chin 4 inch x 2 inch was cutting the skin, sub companytaneous tissue and muscles.
Appearing for State of Punjab Shri Jayant K. Sud, Additional Advocate General assisted by Ms. Jasleen Chahal, Assistant Advocate General took us through the entire record.
Jassi then started living with her husband in the house of PW 20 Sukhdev Singh, maternal uncle of her husband, in village Narike.
The companymunication by Ashwani Kumar and Anil Kumar with the number in Canada which itself was the source for the fax message Ext.
He was later re arrested on 19.01.2001 after his bail was cancelled.
P 38 was recovered from Bolara Farm which was under the companytrol of Anil Kumar.
PW 24 companystable Bikkar Singh deposed about the recoveries effected from Bolara Farm pursuant to the disclosure statement of the accused.
xii PW 37 SI Harjinder Singh deposed about the FIR No.38 dated 23.02.2000 which was registered pursuant to fax message Ext.
