The companyaccused Balwinder Singh was driving the taxi and the accused Amar Singh sitting beside him on the front seat companyld number get away and were apprehended by PW 5 because they companyld number give satisfactory answer about the ownership of the taxi.
The prosecution case, in brief, is as follows.
The green turban of the deceased was found stuck in the reeds at some distance.
On the next day, i.e., on 27th, he lodged the first information report.
It is in the prosecution case that when the deceased Santokh Singh did number return on the night in question, his brother Kashmira Singh made a search for him at Batala and other places on the 26th but he companyld number find any trace.
On the next morning, i.e., on 26th at about 5.15 a.m. Gurdarshan Singh, Deputy Superintendent of Police, P.W. 5, who had set an ambush on a road bypass near the town of Malerkotla, some 180 miles from Batala, intercepted the taxi No.
In the report he stated that the taxi of his brother Santokh Singh had been taken on hire by the appellant Balwinder Singh Billa who was known to him from before, along with his three companypanions whom he did number know, but gave their general description.
Some eight days thereafter, i.e., on August 2, 1973, on a tip off Kala Singh, S.I. CIA , P.W. 7 apprehended the appellant Balwinder Singh Billa and the accused Balkar Singh in the vicinity of the District Court at Amritsar.
PUA 5885 at the road bypass near Malerkotla town by Gurdarshan Singh, P.W. 5 early in the next morning, i.e. , on the 26th, some 180 miles from Batala, and the recovery of the driving licence and other related documents of the taxi showing that the taxi belonged to the deceased Santokh Singh together with a loaded companyntry made 12 bore pistol, and the wrist watch worn by the accused Balwinder Singh which has been proved as belonging to the deceased Santokh Singh.
The circumstances relied upon are 1 The appellant Balwinder Singh Billa along with his three companypanions Balwinder Singh, Amar Singh and Balkar Singh, hired the taxi of the deceased Santokh Singh PUA 5885 from the taxi stand Kot Atma Singh in Amritsar for going to Batala.
In cases in which the evidence is purely of a circumstantial nature, the facts and circumstances from which the companyclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt, and the facts and circumstances should number only be companysistent with the guilt of the accused, but they must be such in their effect as to be entirely incompatible with the innocence of the accused and must exclude every reasonable hypothesis, companysistent with his innocence.
The manner in which the car was driven long distances after the companymission of the murder of the deceased Santokh Singh does give rise to that inference.
The taxi was hired in the presence of the other taxi drivers, namely, Kashmira Singh, brother of the deceased, P. W. 3, Fauza Singh, P.W. 4, Suba Singh and Ajit Singh.
3 The statement made by the companyaccused Balwinder Singh leading to the recovery of the dead body of the deceased Santokh Singh found embedded in the Aliwal Canal, some eight miles away from Batala.
The prosecution case rests on circumstantial evidence.
There can be numberdoubt, number is it disputed, that the deceased Santokh Singh met with a homicidal death.
There is numberdirect evidence.
It was buried in the bed of the sand in the Aliwal Canal.
The body was embedded deep into the sand bed on the expectation that it would number be recovered.
After companymitting his murder, the anxiety of the accused was to get rid of the dead body and they therefore took the taxi to a deserted place near the Aliwal Canal at a spot some eight miles away from Batala.
2 The interception of the taxi No.
In the light of these well settled principles, the learned Sessions Judge as well as the High Court, during the companyrse of their carefully written judgment, have ably marshalled the evidence and companye to the companyclusion that the circumstances alleged have been fully proved, and they are companysistent only with the hypothesis of the guilt of the appellant.
4 The fact that the appellant absconded from his village Supariwind and companyld number be apprehended till he was intercepted at the District companyrt at Amritsar on August 2, 1973 some eight days after the incident.
On the next day i.e. on the 27th he lodged the first information report at Police Station, Amritsar.
There was numberreason for the learned Sessions Judge and the High Court number to have relied upon the testimony of Kashmira Singh, PW3, brother of the deceased.
From the taxi P.W. 5 recovered the driving licence of the deceased Santokh Singh with his photograph, registration certificate of the taxi and other related documents showing that the taxi belonged to the deceased Santokh Singh.
It also appears that on the 28th the companyaccused Balwinder Singh made a statement leading to the discovery of the dead body of the deceased Santokh Singh from the Aliwal Canal on the 29th, at a place some eight miles from Batala and twenty two miles from Amritsar.
The deceased Santokh Singh was number seen alive threafter.
They both refused to participate in the test identification parade.
On interrogation, he also seized from the accused Balwinder Singh a loaded companyntry made 12 bore pistol and a sandoz wrist watch worn by him.
The testimony of this witness is companyroborated by the first information report, the testimony of the taxi driver Fauza Singh, PW 4 and other attendant circumstances.
The facts give rise to an inference that the accused had companymitted the murder for the sake of the taxi for companymission of other offences.
The taxi was intercepted on the next morning at about 5.15 a.m. by PW 5 near the town of Malerkotla at a distance of approximately 180 miles from Batala.
But their two companypanions sitting on the rear seat managed to escape and companyld number be identified due to darkness.
At that stage it was number known that the deceased Santokh Singh had been murdered.
The deceased Santokh Singh had apparently been strangulated to death by a ligature formed by the portion of a white turban twisted in the form of a rope with a knot tied around the neck.
The accused Balwinder Singh who was driving the taxi and the accused Amar Singh sitting by his side on the front seat were apprehended because they companyld number satisfy P.W. 5 about the ownership of the car.
PUA 5885 companying from the side of Ludhiana on suspicion of companytrabands.
5 The false denial of the appellant that he was at his village Supariwind both at the time of the occurrence and on the date of his arrest.
The other two companyaccused Balwinder Singh and Amar Singh have also been companyvicted along with him under Section 302 read with Section 34 and sentenced to imprisonment for life, but have number preferred an appeal.
It appears from his evidence that the appellant Balwinder Singh Billa was known to him from before as he used to companye to the taxi stand to hire a taxi.
Dr. D.P. Kansal, Medical Officer, Civil Hospital, Batala, P.W. 1 who performed an autopsy of the dead body of the deceased was of the opinion that the death of the deceased was due to asphyxia caused by strangulation.
P. Sen, J. Appellant Balwinder Singh DalbirSingh Billa stands companyvicted under Section 302 read with Section 34, Penal Code, 1860, for having companymitted the murder of the taxi driver Santokh Singh and sentenced to undergo imprisonment for life.
This witness was closely cross examined but numberhing has been brought out to impeach his credibility as a truthful witness.
Both he and his brother Santokh Singh owned a taxi and both used to ply their taxis from the taxi stand Kot Atma Singh in Amritsar.
