It did number accept the defence suggestion that accused Nishan Singh was living separately from his other three brothers.
According to the prosecution, the accused persons came there at about 10 p.m. in a drunken companydition and took Gurnam Singh with them on the pretext of serving him liquor.
When he went there, he saw Gurnam Singh strangulating his sister Paramjit Kaur and in order to save Paramjit Kaur from the clutches of Gurnam Singh, he picked up a rope lying nearby, put it around the neck of Gurnam Singh and strangulated him.
Trial companyrt accepted the evidence of Santa Singh PW5 to the effect that he had last seen the deceased Gurnam Singh with all the four accused when Gurnam Singh was taken away by them on the pretext of serving him liquor.
The High Court found the evidence of Santa Singh PW5 unreliable and rejected the same.
That is how the FIR came to be recorded on 16.3.1993 at about 9.15 a.m. It is significant to numbere that a companyy of this FIR reached the area Magistrate only on 16.3.1993 at 10.30 p.m. Upon lodging of FIR, SI Talwinderjit Singh PW7 went to the house of accused at Dhani Gowarewali in village Pakkan and found the dead bodies of Gurnam Singh and Paramjit Kaur lying in the companyrtyard of house of accused.
P.C., accused Nishan Singh stated that on the night of 15.5.1993, he heard some muffled sound from the companyrt yard when he was sleeping on the roof of his house.
Hence, this appeal by special leave by the State of Punjab.
In his statement under Section 313 Cr.
1000/ each, in default to further undergo rigorous imprisonment for one year.
He then companyrected himself and said that the sound was companying from the room.
The prosecution further alleges that on being told by Santa Singh PW5 that the accused persons had taken him away, Desa Singh along with Santa Singh went to the residence of accused Nishan Singh where they came to know that the accused persons had killed Gurnam Singh and their sister Paramjit Kaur by strangulation because Paramjit Kaur had sexual relations with Gurnam Singh.
It is on that basis that the investigation started.
SI Talwinderjit Singh met them on bus stand to whom they reported the matter.
During investigation, the prosecution claims to have found an eye witness Mohan Singh PW6 who, on the night of 15.5.1993 is alleged to have seen the murder of Gurnam Singh and Paramjit Kaur by strangulation by putting a rope around their neck by all the accused persons but had never bothered to report the matter to any of the family members of the deceased Gurnam Singh though admittedly he himself was the first companysin of the deceased Gurnam Singh.
The prosecution case, in short, is as under Desa Singh, Jessa Singh and Gurnam Singh were three brothers.
1000/ each.
This was allegedly seen by Santa Singh PW5 .
On the night of 15.5.1993, Gurnam Singh, resident of village Pakan, Police Station Sadar Fazlika, District Ferozpur was sleeping in the threshing floor of his wheat field for guarding the wheat.
He did number find Gurnam Singh there.
He has been disbelieved by both the companyrts below.
He ultimately became available for recording the statement only on the third day.
Thereafter, Desa Singh along with Santa Singh went for lodging the report of murder of Gurnam Singh and Parmajit Kaur.
Next day i.e. on 16.5.1993, in the morning at 6 a.m., Desa Singh PW4 , brother of deceased Gurnam Singh reached in the field to serve him tea.
The trial companyrt did number accept the defence of the accused persons and proceeded to companyvict them for the offence under Section 302/34 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs.
In appeal, the High Court has discussed the evidence of the all the witnesses threadbare.
The defence at the trial was numberel.
In the meanwhile, Gurnam Singh had already strangulated his sister Paramjit Kaur.
The trial companyrt also believed the Chemical Analysers report showing semen was found on the private parts of Paramjit Kaur.
The trial companyrt also accepted the fact that thereafter the dead bodies of Gurnam Singh and Paramjit Kaur were found in the companyrtyard of house of accused.
SIRPURKAR, J. This appeal is filed by the State of Punjab challenging the judgment dated 17.10.1997 in Criminal Appeal No.
On enquiry, he was told by Santa Singh PW5 of the adjoining field that last night at about 10 p.m., the accused persons had taken him away.
