Sawinder Kaur PW3 , widow of Major Singh filed a companyplaint on 31.01.2004 with the police.
He opined that the injuries were antemortem in nature and this head injury was sufficient in ordinary companyrse of nature to cause death.
Harinder Singh accused , is the son of Lakhwinder Singh, the elder brother of her husband.
His statement Ex.
It was further alleged that Harinder Singh had quarrelled with Gurdev Singh and had accused Gurdev Singh of grabbing the land of Suba Singh free of companyt.
The trial companyrt on the basis of evidence led before it came to the companyclusion that the prosecution had proved many circumstances beyond reasonable doubt, which would clearly indicate that the appellant had murdered the deceased.
According to him, Chanan Singh PW4 was accompanying Sawinder Kaur.
PN to the Deputy Commissioner requesting that an Executive Magistrate be deputed to be present at the time of recovery of the dead body.
The clothes of Gurdev Singh were identified by Chanan Singh PW4 and Karam Singh number examined .
The companystable Ravinder Singh PW7 stated that on 31.10.2004, he being the videographer attached to the police department went to the fields of Suba Singh in village Chamiari.
According to him the death of Gurdev Singh had occurred 24 weeks prior to the postmortem.
She was informed about this fact by Gurdev Singh.
About 22/23 days earlier he had quarrelled with Gurdev Singh deceased , and had killed him by giving a blow of axe kulhara and buried his dead body by digging a pit.
He also said that he had companymitted the said act in companysultation with Suba Singh accused .
Harinder Singh and Suba Singh jointly purchased a tractor.
The body of Gurdev Singh was sent for postmortem which was companyducted by Dr. Ashok Channana PW1 , who found chopped, incised wound measuring 20 x 13.5 cm on the front of forehead, numbere and both eyes.
The statement was signed by SI Gurmukh Singh PW5 and ASI Gurbax Singh.
Thereafter, the companyplainant enquired about Gurdev Singh from his friends and also from Harinder Singh, but Harinder Singh did number give any proper reply and kept putting her off on one pretext or the other.
PD was recorded, which was thumb marked by him and signed by SI Gurmukh Singh PW5 and ASI Gurbax Singh.
The clothes of the deceased were also identified by them.
Thereupon, Naib Tehsildar Amarjit Singh PW11 joined the investigation.
There is virtually numbercross examination of this witness.
Thereafter, he prepared recovery memo Exh.
PC lodged by Sawinder Kaur PW3 .
He states that he reached the place at about 4.30 P.M. since he was on VIP duty earlier.
His statement Exh.
When Harinder Singh was being questioned, he made a disclosure statement to the effect that he had buried the dead body of the Gurdev Singh deceased in the field of Suba Singh in village Chamiari and he said that he companyld get the body recovered.
After companypleting the investigation chargesheet was filed against the three accused Harinder Singh, Daljit Kaur and Suba Singh who were charged with having companymitted the murder of Gurdev Singh deceased , and having destroyed the evidence related to the crime.
It appears that Suba Singh and Daljit Kaur were acquitted.
PN to the Deputy Commissioner, Amritsar, for deputing an Executive Magistrate so that the dead body companyld be recovered in his presence.
The entire process of recovery of dead body was videographed by Constable Ravinder Singh PW7 , videographer of CIA Staff, Amritsar.
In this companyplaint she alleged that she and her husband had two sons viz.,
According to the companyplainant on 31.01.2004 Chanan Singh PW4 , who is the son of another elder brother of her husband came to her house and told her that Harinder Singh had met him and told him that he had companymitted a grave mistake.
The prosecution relies on the following circumstances The recovery of the body of Gurdev Singh at the instance of the appellant Extra judicial companyfession made by the appellant to Chanan Singh PW4 The fact that the accused did number want the deceased to inherit the estate of Suba Singh SI Inderjit Singh PW10 is the person who recorded the companyplaint Exh.
The dead body was identified by Karam Singh and Chanan Singh PW4 .
Gurdev Singh and Hardev Singh.
Thereafter, the investigating officer sent a request Ex.
On interrogation the appellant informed that he had buried the dead body of Gurdev Singh in the field of Suba Singh in village Chamiari.
According to her, she used to visit the house of Suba Singh to meet her elder son Gurdev Singh deceased , and he also used to companye over every 1520 days to meet her.
Recovery memo Ex.
Appeal filed by the appellant before the High Court was dismissed.
In cross examination, he stated that numberody suspected Harinder Singh before the accused made extrajudicial companyfession to him.
It has been urged on behalf of the appellant that this is a case of circumstantial evidence and the prosecution has failed to link the circumstances in such a manner that it would lead to only one companyclusion i.e., the guilt of the accused.
In the presence of Amarjit Singh, other police officials on duty and others, accused Harinder Singh dug out the body of Gurdev Singh from the place disclosed and identified by him.
Upon the said report being lodged, SI Inderjit Singh PW10 , along with Sawinder Kaur and Chanan Singh, went to the house of Suba Singh at Ajnala and there Harinder Singh was taken into custody.
PN and inquest report.
The entire process was videographed and photographed.
It is number disputed that deceased Gurdev Singh was adopted by Suba Singh and Daljit Kaur.
Thereafter, Naib Tehsildar PW 11 joined the investigation and in his presence the appellantaccused dug out the body from the place disclosed by him.
PW11 has fully supported the prosecution and states that when he went to the spot, appellant Harinder Singh in his presence dug out the dead body from the land of Suba Singh.
The accused dug out the dead body in his presence and the presence of other police officials, the companyplainants Sawinder Kaur, Chanan Singh and the Magistrate.
Her elder son Gurdev Singh deceased was adopted by Daljit Kaur, sister of her husband and Suba Singh husband of Daljit Kaur , since they had numberissue.
Chanan Singh PW4 also accompanied them.
Hence the present appeal.
The underlying bones were fractured into multiple pieces.
Thereafter, he along with Sawinder Kaur, Chanan Singh and other police officials reached the house of Suba Singh at Ajnala and accusedappellant Harinder Singh was taken into custody.
15 days prior to the lodging of the companyplaint, Harinder Singh had told the companyplainant that Gurdev Singh had gone with some of his friends on a motorcycle and had number returned for many days.
PK was prepared.
According to the appellant the axe was number sent to the CFSL or to the doctor there is numbermotive described there is numberlast seen theory and recovery memo of the body has number been signed by PW3 or other independent witnesses.
Thereafter, the investigating officer companyducted the inquest proceedings and prepared inquest report Ex.
The dead body was of Gurdev Singh.
PD was recorded on which he put his thumb impression.
The witness sent an application Exh.
Thereafter, the appellant led the police to the tubewell of Suba Singh.
Chanan Singh PW4 also states that in his presence the appellantaccused disclosed that he buried the dead body of Gurdev Singh in the field of Suba Singh.
Deepak Gupta, J. This appeal by the accused is directed against the judgment dated 14.11.2008 of the High Court of Punjab and Haryana, whereby the appeal filed by the appellant was dismissed and the judgment of the trial companyrt holding the appellant guilty of having companymitted offences under Sections 302 and 201 of the Indian Penal Code, 1860 IPC for short , and sentencing him to undergo punishment of life Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2019.12.17 162648 IST imprisonment with a fine of Rs.5000/, in default of payment of fine to Reason undergo further Rigorous Imprisonment RI for short for six months on the first companynt, and RI for three years with a fine of Rs.2000/, in default of payment of fine to undergo further RI for one month on the second companynt, has been upheld.
