IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (341)

Reserved on: 05.02.2025 Date of Pronouncement: 11.02.2025 Kulwant Kaur and ors. .... Appellants V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Ms. Kashish Sahni, Advocate as Amicus Curiae for the appellants.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

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JASJIT SINGH BEDI, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 18/20.01.2005 passed by the Sessions Judge, Kapurthala.

2. The instant FIR came to be registered on 23.09.2003. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 18/20.01.2005. The present appeal against the judgment of conviction and order of sentence was filed on 21.03.2005. The matter has come up for final hearing now after more than 21 years of the registration of the FIR.

3. The facts, in brief, are that Sucha Singh complainant, was working at the in Rail Coach Factory, Hussainpur, Kapurthala. His son Sohan Singh (deceased), who was also working at the Rail Coach Factory, Kapurthala, was married to Kulwant Kaur (accused-appellant No.1) daughter of Kashmira Singh, resident of Chhoti Tibbi Jejon, about 12 years ago. From this wedlock, two daughters and one son, were born. Sucha Singh, went came to meet his son, on the night of 22/23.09.2003, at about 10-30/11-00 pm, at his quarter No.2233, near Railway Station, Kapurthala. He knocked at the door of the quarter of Sohan Singh as the same was bolted from inside. He heard shrieks from inside the quarter. He looked into the quarter through a hole in the window, where the cooler was fixed. A light was glowing, inside the quarter. A rope of nylon, had been put in the neck of Sohan Singh, by Nathu Ram alias Laddi (accused-appellant No.3) and he was twisting the same. Gurdev Singh alias Mangi (accused-appellant No.2), was sitting on the chest of Sohan Singh and was pressing the same. Kulwant Kaur, daughter-in-law of Sucha Singh, and wife of Sohan Singh, had pressed his (Sohan Singh's) feet. Gurdev Singh alias Mangi was tying the hands and arms of Sohan Singh, with a scarf (Chunni). Sucha Singh, being perplexed, knocked at the door, with full force. Gurdev Singh alias Mangi and Nathu Ram alias Laddi opened the door and looked at Sucha Singh. They told him that in case he informed the police or raised an alarm, he would also be dealt with in the same manner, in which, Sohan Singh was being dealt with. They further told him that he should run away from the spot. Being afraid, Sucha Singh went to his quarter, situated at the Rail Coach Factory, Hussainpur, Kapurthala. On the morning of 23.09.2003, he told his othe son Sukhwinder Singh and other members of the family about above incident. He alongwith his son Sukhwinder Singh, reached the quarter of Sohan Singh at 7.00 a.m. on 23.09.2003 and saw that the door of the quarter was lying open. The dead body of Sohan Singh was lying there. Sukhwinder Singh was left to guard the dead body of Sohan Singh and Sucha Singh, proceeded towards the Police Station to lodge the report. About one and a half months earlier, Sohan Singh had told Sucha Singh that Kulwant Kaur, his wife, was having illicit relations with Nathu Ram alias Laddi and Gurdev Singh allas Mangi. He had further told Sucha Singh, that both these accused used to come to his quarter quite often. He had also told Sucha Singh that he was apprehending danger to his life at the hands of both these accused. Kulwant Kaur, Gurdev Singh alias Mangi and Nathu Ram alias Laddi, accused-appellants had committed the murder of Sohan Singh on account of illicit relations.

4. On 23.09.2003, Gurmit Singh Inspector/SHO, P.S.City, Kapurthala, had held a picket at Aujla Level Crossing in the area of Kapurthala alongwith other police officials. At about 7.30 a.m, Sucha Singh- complainant came to him at that place and made his statement Ex.PL narrating the