The court upheld the conviction for murder, emphasizing that fear-induced delays in FIR registration and eyewitness testimony were credible despite long lapses in time.

JUDGMENT :

JASJIT SINGH BEDI, J.

1. The present appeal has been filed against the judgment of conviction and order of sentence dated 06/09.10.2004 passed Sessions Judge, Sirsa.

2. The FIR was registered on 07.08.1991, the judgment of conviction and order of sentence passed by the Session Judge, Sirsa is dated 06/09.10.2004, the appeal was filed on 04.01.2005 and the matter is being taken up for hearing now i.e. after a period of 33 years from the date of registration of the FIR.

3. The facts of the prosecution case as revealed from the statement of the complainant-Bhagwan Singh, PW-7 and other prosecution witnesses examined during the course of trial are as under:-

PW7-Bhagwan Singh had two other brothers namely deceased Lachhman Singh and PW8-Ram Singh. Ram Singh was the elder brother and all the three brothers used to reside in one house in separate portions at village Kuttabadh, District Sirsa. Deceased Lachhman Singh was married with Smt. Vidya Bai, sister of the accused, 5-6 years prior to the occurrence. However, Smt. Vidya Bai had expired about 2-1/2-3 years prior to the occurrence due to illness and after her death, the deceased Lachhman Singh had developed illicit relations with the Bhabi of the accused. However, the deceased and the accused visited the houses of each other frequently. On the intervening night of 06/07.08.1991 PW7-Bhagwan Singh, his parents and other family members were sleeping in the court-yard of their house whereas his brother Lachhman Singh deceased was sleeping on the roof of his kotha and Ram Singh was sleeping in front of his kotha in the house. At about 11.30 p.m. PW7-Bhagwan Singh and PW8-Ram Singh heard the voice of their brother Lachhman Singh shouting "Maar Diya-Maar Diya". Thereupon they both rushed to the roof of the kotha of deceased Lachhman Singh. There was an electricity light in front of the kotha of Ram Singh (PW8) which was on at that time and thus PW7-Bhagwan Singh and PW8-Ram Singh saw that the accused Sohan Singh was standing on the roof armed with a Kulhara and on seeing them he jumped in the street from the roof alongwith the Kulhara. PW-7 Bhagwan Singh and PW8-Ram Singh then saw that there was a deep wound on the right side of the neck of deceased Lachhman Singh which was bleeding profusely and Sh. Lachhman Singh had died. The The motive behind the crime was that the accused had caused the murder of deceased Lachhman Singh because of his illicit relations with the Bhabi of the accused. PW8-Ram Singh and other family members remained with the dead body and PW7-Bhagwan Singh proceeded for the Police Station at about 4.00 a.m. Sarpanch Swaran Singh also accompanied him to the Police Station. PW7-Bhagwan Singh then lodged a FIR EX.PI at Police Station Rania with respect to the occurrence, the contents of which were read over to him and he signed the same after admitting its contents to be correct. The First Information Report was recorded by ASI Vinod Kumar, PW-11. After lodging the FIR PW7-Bhagwan Singh returned to the place of occurrence.

4. ASI Vinod Kumar took up the investigation of the case and reached the place of occurrence after recording the FIR. ASI Vinod Kumar then prepared a rough site plan of the place of occurrence Ex. PL with correct marginal notes and prepared an inquest report Ex. PB/1 with respect to the dead body of deceased Lachhman Singh. He then sent the dead body to Civil Hospital, Sirsa for post-mortem examination through Head Constable Subhash and Constable Raj Singh with his application Ex.PB. ASI Vinod Kumar also lifted a bloodstained Gadda (Cushion), blood stained pillow, a blood stained V-shaped rubber chappal from the spot and sealed all