Tarsem Singh and Karamjit Kaur vs The State of Punjab

Mehtab S. Gill, J.—We will be deciding Criminal Appeal No. 165-DB of 2005 and Criminal Appeal No. 273-DB of 2006 by a common order, as they arise out of the same judgment passed by the learned Addl. Sessions Judge, Fast Track Court, Ludhiana.

The learned trial Court convicted Tarsem Singh son of Jasmel Singh and Karamjit Kaur wife of Bhagwant Singh under Sections 302/34 IPC and sentenced them to undergo rigorous imprisonment for life. Further they were directed to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo R.I. for two years.

The case of the prosecution is unfolded by the statement Ex.PC of Kapur Singh son of Naginder Singh given to Balbir Singh SHO, Police Station Dakha in the area of Village Mor Karima at 7.40 a.m.

Kapur Singh stated, that he has two brothers. Baljit Singh was elder to him, who has since died and Jaswant Singh is younger to him. He along with his brother Jaswant Singh were looking after Baljit Singh''s children. His nephew Bhagwant Singh was serving in the Army. He had two children; Gurpreet Kaur aged 8 years and Sukhprit Singh aged about 6 years. On 5.4.2001 Karamjit Kaur wife of Bhagwant Singh and both the children came to him at Village Mor Karima. On 6.4.2001 Karamjit Kaur along with her children went to see her brother''s sister Balwinder Kaur wife of Swaranjit resident of Gujjarwal. On 7.4.2001 at about 11.30 p.m., Baldev Kumar resident of Mor Karima came to their house and stated, that he had received a telephonic message from some unknown person from Jagraon, that Karamjit Kaur and both the children were lying dead on the passage leading to Village Dhata. Kapur Singh along with his brother Jaswant Singh went to the village Sarpanch Gurbachan Singh and after taking him and some other persons along went to the place, where it was stated, that the children and Karamjit Kaur were lying dead. At a distance of 6/7 furlongs from the village near the electric motor of Ranjit Singh of Village Mor Karima, they saw on the right hand side of the road, that Sukhprit Singh and Gurprit Kaur were lying dead and Karamjit Kaur was crying in a semi unconscious state. They immediately took Karamjit Kaur in a car to Pandori Hospital at Mullanpur, where the doctor admitted her. Then they went back to the spot, where the children were lying. On the basis of this statement, FIR Ex.PC/2 was recorded on 8.4.2001 at 8.05 a.m. The special report was received by the Ilaqa Magistrate, Ludhiana on 8.4.2001 at 11.00 a.m.

The prosecution to prove its case brought into the witness box Dr. U.S. Sooch PW1, Kapoor Singh PW2, Vijay Kumar PW3, Gulzar Singh PW4, Baldev Kumar PW5, Jagmohan Lal PW6, Baldev Raj PW7, Satish Kumar Draftsman PW8, Surinder Kumar Soni PW9, Bhagwant Singh PW10, HC Sukhdarshan Singh PW11, SI Balbir Singh PW12, Dr. Amarjit Singh PW13, HC Janak Raj PW14, Surjit Singh Senior Assistant PW15, Shri Rajiv Kumar Beri JMIC PW16 and Balwinder Singh Phandal Deputy Director FSL Punjab PW17.

Mrs. Sarla Chaudhary, Advocate, counsel for appellant- Tarsem Singh has argued, that appellant Tarsem Singh did not have any motive to commit the murder of the minor children. He was not in love with appellant Karamjit Kaur, nor did he have any sort of association with her. The alleged extra judicial confession made to Vijay Kumar PW3 does not inspire confidence, as both Vijay Kumar PW3 and appellant Tarsem Singh were from different villages. Love letters Ex.P30 to Ex.P32 and Ex.P34 to Ex.P36 are between appellant Karamjit Kaur and accused Shamsher Singh, who has not filed any appeal. Appellant Tarsem Singh had nothing to do with these letters, apart from the allegation, that he used to deliver them. There was no need for him to deliver these letters, as both appellant Karamjit Kaur and accused Shamsher Singh could have corresponded with each other on their own. Learned Counsel has further argued, that letter Ex.P35 is not a genuine document, as dates do not tally. Date of 5.4.2001 is written on the top and at bottom, it is 6.4.2001.

Mr. R.K. Gupta, Advocate, counsel for appellant-Karamjit Kaur has argued, that Karamjit Kaur, being the mother of two children, could never have thought of killing her minor children. No mother can do such a ghastly act. In fact the murder was committed by the complainant party, as they belonged to the Jat family and suspected the paternity of the children.

Learned Counsel for the State has argued, that the love letters Ex.P33 to Ex.P36 clearly show, that there was illicit relationship between accused Shamsher Singh (non-appellant) and appellant Karamjit Kaur. Appellant Tarsem Singh was a part and parcel of this love affair, as he used to deliver the letters to them.

Appellant Tarsem Singh has confessed his guilt by making an extra judicial confession before Vijay Kumar PW3. Appellant Karamjit Kaur was married to Bhagwant Singh, the nephew of complainant Kapoor Singh PW2. She developed illicit relations with accused Shamsher Singh. The minor children were murdered, so that accused Shamsher Singh and appellant Karamjit Kaur could get married. There was a strong motive to murder the minor children.

We have heard the learned Counsel for the parties and perused the record with their assistance. Letter Ex.P26 written by accused Shamsher Singh two days before the murder is reproduced as under:

My dear friend Karamjit Kaur, now I cannot live without you. I wanted to marry you but there is hinderance of children in this affair, who knew Bhagwant Singh very well. These children would also not be liked by my family members and if you wanted to finish these children and further if you wanted to live with me, then you please meet me on 6.4.2001 at Mullanpur Tempo Adda, I would wait for you there from 12 noon till 6/7 P.M. and if you could not come there then after 7 p.m., I would come at your village Mor Karima and would wait for you in the gurudwara. You wait for me there uptill 8 p.m. if you had got any love for me you must meet me. I cannot live without you, even for a while. There after we shall see about the fauji (i.e. Bhagwant Singh husband of Karamjit Kaur) whenever he comes on leave from there. I am sending this letter to you through my cousin Tarsem Singh. The remaining would be considered and a scheme would be formulated after talking with each other.

Sd/- Shamsher Singh

I love you, I love my Karamjit. Reply to this letter be given to me through Tarsem Singh who would meet you next morning at 8 a.m. near same gurudwara.

Sd/- Shamsher Singh.

In reply to this letter, appellant Karamjit Kaur wrote letter Ex.P35, which is reproduced as under:

My dear Sheru, I love you. I have received your letter through your cousin Tarsem Singh. I cannot live without you even for a while and even I can sacrifice my life for you. The day when you had come to my village Kalsian alongwith Tarsem Singh on the scooter, on that day my father had also spoken to me very harshly. I would meet you today at Mullanpur Tempo Adda between 5 p.m. to 6 p.m. My children would also be with me. I would tell my husband''s sister Vinder that I am going to Gujarwal. Not only I can die for you, but even I can kill my children you please wait for me in Mullanpur Adda in every circumstance, I love you.

your beloved Karamjit Kaur dt. 6.4.2001.

It is clear from these letters, that both appellant Karamjit Kaur and accused Shamsher Singh were deeply in love and appellant Tarsem Singh was the facilitator. The contradiction pointed in letter Ex.P35 by the learned Counsel for the appellant does not have material bearing on the case whether it was written on 5.4.2001 or 6.4.2001, while the murder had taken place on 7.4.2001. These letters written by accused Shamsher Singh to appellant Karamjit Kaur and vice versa, were taken into possession by the police on the disclosure statements made by accused Shamsher Singh and appellant Karamjit Kaur.

Learned Counsel for the appellants could not give any answer as to why Kapoor Singh PW2, the real brother of the grand-father of the deceased and Bhagwant Singh PW10, father of the deceased, would falsely implicate appellant Karamjit Kaur for the murder of their own children. No husband would falsely implicate his own wife for the murder of their children. Nothing has come in the statements of appellant Karamjit Kaur as to who committed the murder of the minor children. From her statement Ex.PC, it is clear that she was present, when the children were being murdered.

Shamsher Singh accused in his statement u/s 313 Cr.P.C. in reply to the last question put to him has stated "I am innocent. My relationship with Karamjit Kaur was known to her husband and in- laws, as such they have falsely implicated me and misled the police". This statement also shows, that accused Shamsher Singh had illicit relations with appellant Karamjit Kaur. Similarly, appellant Karamjit Kaur, in her statement u/s 313 Cr.P.C. in reply to the last question, has admitted that she was having illicit relations with accused Shamsher Singh. She has further admitted, that some love letters were lying in her hand-bag and it is from these love letters, that her in-laws came to know about her illicit relations with accused Shamsher Singh. Her in-laws were aware of the relationship earlier to the incident.

Both appellants have confessed about their illicit relations with each other. The in-laws of appellant Karamjit Kaur would not have eliminated Gurpreet Kaur and Sukhprit Singh. If they had wanted to kill someone, they would have instead eliminated appellant Karamjit Kaur and accused Shamsher Singh.

We do not find any infirmity in the judgment of the learned trial Court.

Dismissed.