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TMI Blog1995 (11) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... with Tejinder Kaur, PW-2 for giving birth to daughters only and both she and the appellant used to quarrel with Tejinder Kaur on that account, who was also given beating by the appellant on certain occasions. On 17.3.1984 there was one such quarrel. The appellant and his mother Ajmer Kaur conspired to put an end to the life of the two daughters and in pursuance thereof on March 18, 1984, the appellant took away both the daughters stating to PW-2 that he would return only after killing them. He reached bus-stand Patiala where he met Balwant Kaur, PW-4 and on her enquiry about the welfare of the children told her that he was taking away his daughters to kill them. Balwant Kaur PW- 4 on hearing this went to the house of the appellant and informed Tejinder Kaur PW-2 about it. The appellant took the children to Ludhiana to the house of his sister Mohinder Kaur, DW-1 and after staying there for a few hours left the house saying that he was going to Rara Saheb. On 19.3.1984, Dr. Jaswant Singh PW-6 found the dead body of a female child in the canal at about 12 or 12.30 p.m. when he went there to ease himself. The dead body was taken out but no one who reached there from the adjoining villa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estray and keeping company with Satya Walia PW3 on a number of occasions. PW-2 had gone to her parents house at Sunam leaving the children behind. While he had gone to the market, the children left the house on their own and when he and his mother Ajmer Kaur after search did not find them, they sent a telegram to Tejinder Kaur PW2 and Sham Singh, on March 22, 1984. That with the connivance of Satya Walia, PW- 3 he was falsely implicated in the case. There is no direct evidence in this case in sofar as the murder of Rozy is concerned. The prosecution relied upon the following circumstances to connect the appellant with the crime in the Trial Court : (i) The evidence of last seen together based on the evidence of PW-2, Tejinder Kaur, Balwant Kaur, PW-4 and of Mohinder Singh, PW-5 ; (ii) Extra-judicial confession made by the appellant to PW-3 Satya Walia. (iii) the recovery of dead body of Rozy from the canal and its claim by the appellant and (iv) disclosure statement made by the appellant leading to the recovery of bones of a child from the place where the appellant had cremated the dead body of Rozy. In a case based on circumstancial evidence, it is now well settled tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about the murders came to her house and asked the appellant about the children who disclosed to her that he had killed them. During her cross-examination PW-2 admitted that she had never earlier complained about the quarrels or the beatings given to her by the appellant and his mother to anyone except to Satya Walia PW-3 but conceded that she did not disclose to Satya Walia PW-3 either that the cause of quarrels was on account of the birth of daughters. In her statement recorded under Section 161 Cr.P.C. also the cause of quarrel had not been stated by her and she was duly confronted with it. PW-2 also admitted that neither on 18th March, 1984 nor on 19th March, 1984 did she inform anyone about the incident and even though Satya Walia had met her on 19th March she did not tell her about it and that it was only on 20th March, 1984 that she had disclosed to Satya Walia PW-3 for the first time as to what had transpired on 18th March, 1984 and the information she had recived from her mother-in-law on the morning of 19.3.1984. She did not report the matter to the police nor even informed her parents about the murder of the children till 23.3.1984. Her statement was recorded by the polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to what the appellant had told her even though the appellant did not return home at night. On 19th March she learnt at about 6.30 a.m. from her mother-in-law Ajmer Kaur, a co-conspirator with her husband, that the appellant had killed the two daughters and thrown them in the canal. She still kept quiet and not only did she not raise any hue or cry she did not inform anyone including her parents and Satya Walia. PW3, who had admittedly met her on that day about the incident. This conduct is rather unnatural for a mother, keeping in view the earlier quarrels and the declarations made by the appellant of his intention to kill the daughters on 18.3.1984 itself. PW-2 also admitted in her crossexamination that she alongwith her mother-in-law Ajmer Kaur had gone out in search of the children to various places including Ragho Majra, where the maternal uncles of the appellant were residing. Why would Ajmer Kaur go with her, to search for the children, when she already knew that the appellant had killed them and thrown the dead bodies in the canal is not at all understandable? From the statement of PW-3 as contained in the FIR it emerges that when she came out of the house of the appellant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n away his two daughters on 18th March, 1984 in the manner alleged by it. In our opinion the evidence led by the prosecution to establish the circumstance of last seen together has not been established beyond a reasonable doubt. (ii) Extra-judicial confession: An extra-judicial confession by its very nature is rather a weak type of evidence and requires appreciation with great deal of care and caution. Where an extrajudicial confession is surrounded by suspicious circumstances its credibility becomes doubtful and it loses its importance. The courts generally look for independent reliable corroboration before placing any reliance upon an extra judicial confession. The Trial Court relied upon the extra-judicial confession allegedly made by the appellant to PW-3 Satya Walia to the effect that he had killed his daughters and had cremated the dead body of Rozy, to connect the appellant with the crime. It found corroboration of the statement of PW-3 from the evidence relating to the recovery of the dead body from the canal and the disclosure statement allegedly made by the appellant leading to the recovery of the bones from the place behind Gurdwara Rara Saheb, besides the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y suspicious circumstance and the prosecution has not been able to establish that the appellant had made any extra-judicial confession to PW-3 Satya Walia and therefore this circumstance remains unestablished. (iii) Recovery of a dead body and its claim by the appellant as that of Rozy Though with the ruling out of the circumstance relating to the last seen together and the making of extra- judicial confession , as not having been established, the chain of circumstantial evidence snaps so badly that it is not necessary to consider any other circumstance, but we find that even the third circumstance relating to the recovery of the dead body, and it being claimed by the appellant and its subsequent cremation by him has remained unestablished. The two witnesses relied upon by the prosecution in support of the 3rd circumstance are PW-6, Dr.Jaswant Singh and PW-7, Naib Singh. According to PW-6, on 19th March, 1984 when he had gone near the canal to case himself, he noticed dead body of a female child in the canal. Tej Singh Panch, Santokh Singh and Naib singh also arrived at the spot, and the dead body was taken out of the canal. None out of those who had, by that time ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant to be that of his child. It cannot be said with any amount of certainty that the dead body found by PW-6 and PW-7 was that of Rozy or that the appellant had claimed the dead body to be that of his child. The evidence is of a doubtful nature and has to be ruled out of consideration to connect the appellant with the crime. (iv) Disclosure statement : The last circumstance relied upon by the prosecution is the disclosure statement of the appellant, leading to the recovery of the bones of the deceased. The Trial Court ruled out of consideration the disclosure statement and the consequent recovery of the bones and placed no reliance on it. The Trial Court opined At the outset it may be stated that in this case no importance can be attached to the disclosure statement made by Balwinder Singh accused and in consequence thereof recovery of the bones. Tejinder Kaur PW had already visited the place of cremation much before the case was registered. Be that as it may, there is no reason to doubt that bones were taken into possession from the alleged place of cremation which is admittedly an open place. We agree with the trial court. That apart, the prosecution evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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