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DM College, Moga, Punjab
DM College, Moga, Punjab
Moga (District Moga)
DM College, Moga Punjab is a recognised institute / college. DM College, Moga Punjab was established on / in 1926.
Principal of DM College, Moga Punjab is Dr. Deepak Kaushal.
DM College is situated in Moga of Punjab state (Province) in India. This data has been provided by www.punjabcolleges.com. Moga comes under Moga Tehsil, Moga District.
Fax # of DM College, Moga Punjab is 01636-224247.
Mobile No(s) of concerned persons at DM College, Moga Punjab are 98156-40974.
email ID(s) is
Chairman : Sudarshan Sharma.
Contact Details of DM College, Moga Punjab are : Telephone: +91-1636-222528, 224247, 221982
earlier Principals: Dr Shashi Kant Uppal, Dilip Singh
Krishan Gopal, Vice President, Managing Committee
Arya Vidya Parishad, Punjab (Regd)
Arya Pratinidhi Sabha (Regd)
Guru Dutt Bhavan, Chowk Kishanpura
Prof SK Sharma
Dr VK Singla
Prof Narinder Khanna
Prof Lalit Mohan
Prof Ms Meenu Pal
CoursesDM College, Moga Punjab runs course(s) in Degree stream(s).
Vocational (Office Mgmt. and Secretarial Practice),
BA, B.Sc, B.Com, BCA
Approval details: DM College is affiliated with Panjab University, Chandigarh (Chandigarh)
Images / newspaper cuttings related to DM College
Nuksan Students Da (News)
DM College di parbandhki committee te adhiapkaan ch khadki (News)
Teachers strike sure hits students (News)
DM College ki Ground me Manaya jayega Dashehra (News)
Lecturer and Instructor (Job Vacancy)
DM College de Teachers ne kiti rally (News)
College Teachers ne Arya sabha de Adhikariya di gaddi gheri (News)
Principal of Moga DM college sacked (News)
Panj DM sansthava da parbandh mud commety havale (News)
Moga College Students upset as PU withholds result (News)
BCom dujje vare layi dakhla na ditte jaan te Students ne laya dharna (News)
Dr Malhotra is officiating Principal of Moga DM College (News)
Lecturer for Computer Science and Economics etc (Job Vacancy)
Construction of Girls Hostel (Tender)
NSS Camp doran College Students ne kiti safai (News)
Lecturers and Instructors (Job Vacancy)
3 Students thrashed at naka, one hospitalised (News)
DM College di shatranj wich jhandi (Job Vacancy)
Cricket Tournament karvaya gya (News)
DM College me zonal youth fest 4 din tak chaya raha (News)
Stupid saven me dikhega Moga ka sebbi (News)
Court me DM College ko bhang karne ke hukam par lagai rok (News)
Lecturer on regular basis (Job Vacancy)
DM College ki salahkar committee banane par lagi rok (News)
Farewell party in DM College (News)
16 th Annual Convocation 2013 (Convocation)
Students ne lagaya roll no na dene ka arop (News)
Navneet Kaur 9th in BSc Science (News)
Navneet done top in BSc 1st (News)
New session started woth vedic parampra (News)
Controversy of Management Committee in HC (News)
College students won medal in Badminton (News)
Punjab Students Union ne funka putla (News)
Manjeet Singh won medal in Athlete (News)
Asstt Professor for Sociology (Job Vacancy)
Principal Deepak Kaushal suspended (News)
Lecturer and Instructor (Job Vacancy)
Asstt Professor on regular basis (Job Vacancy)
Asstt Professor (Job Vacancy)
Asstt Professor on contract basis (Job Vacancy)
Media coverage of DM College, Moga Punjab, Punjab
Tanvir of DM College is best debatorTanvir Kaur of DM College, Moga, and Anu Chopra of RSD College, Ferozepur, emerged as the best debater and speaker of Moga- Ferozepur zone of the Punjab University at the Diamond Jubilee Youth and Heritage Festival that ended, here, yesterday. Gurpreet Aulakh of GTB Khalsa College, Dakha, was declared the best poet.
Malkiat Singh and Satish Chander Dhawan, principal, Government College, Ludhiana, presided over the session. Surinder Singh Shindi, was the chief-guest.
Malkiat Singh called upon the authorities and management committees of various colleges to narrow down the gap between rural and urban educational institutes in order to bring social and economic uplift of the state.
Surinder Singh Shindi donated a bus for the college students and Rs 1 lakh for the cultural society of the institute. A grant of Rs 2 lakh was announced from MPLAD quota of Varinder Singh Bajwa, MP.
Kuldip Batta, in-charge, Balbir Singh, secretary, and HS Gosal, principal, also spoke.
Poem writing: 1 Roshan Sharma of GHG Khalsa College, Sudhar, 2 Gurpreet of DM College, and 3 Ritu Bala of Science College, Jagraon; essay writing: 1 Shivali Dhand of DM College, Moga, 2 Davinder Kaur of DAV College, Jagraon, and 3 Anu Chopra of RSD College, Ferozepur; short story writing: 1 Vasudha Malhotra of Science College, Jagraon, 2 Harmohinder Singh of GTB Khalsa College, Dakha, and 3 Manpreet Kaur of GN Khalsa College, Narangwal; poetical recitation: 1 Gurpreet Aulakh of GTB Khalsa College, Dakha, 2 Rajdeep Kaur of GN Khalsa College, Narangwal, and 3 Nidharak Singh of GN College, Moga; debate: 1 Tanvir Kaur of DM College, Moga, 2 Amandeep Maan of RSD College Ferozepur, and 3 Amandeep Singh of DM College, Moga ; elocution: 1 Anu Chopra of RSD College, Ferozepur, 2 Sumita of DM College, Moga, and 3 Simranjit Kaur of Science College Jagraon.
GGN Khalsa College enter semifinalsGGN Khalsa College, Ludhiana, demolished DM College, Moga, by eight wickets to secure a berth in the semifinal of the Panjab University ‘A’ Inter-College Cricket Tournament being played at the GTB National College, Dakha, near here, today.
Batting first, DM College scored 97 runs in 30 overs. Only two batsmen Sandeep Singh (19) and Sukhdeep Singh (14) could reach the double-figure mark. For GGN Khalsa College, Bobby Kailey was the main wicket-taker, grabbing four wickets for 13 runs followed by Jaspreet Singh and Vikramjeet Singh, who scalped two victims each.
GGN Khalsa College made the required runs in the 17th over after losing two wickets. Navdeep and Mandeep Singh contributed 35 and 21 runs, respectively. Harpal Singh of Moga college claimed one wicket for 25 runs.
After two years, Moga college land retrieved from mafiaThe Arya Pratinidhi Sabha has taken back the possession of a piece of ‘disputed’ land belonging to the DM College, which was encroached upon by the local land mafia a couple of years ago.
The Sabha runs the college and many other educational institutes in the town.
The custodian of the Sabha’s property and advisor of the managing committee of the college, ex-MLA Vijay Sathi, informed the TNS on the spot that the land measuring two kanals and eight marlas with a market value of Rs 1 crore was allegedly encroached by the local land mafia for developing an illegal colony.
He added that the mafia had forcibly made the main street of the colony on the land without taking into confidence the managing committee of the college.
“The disputed land is actually a part of the playing ground of the college, the demarcation of which has recently been done by the local revenue authorities in our favour,” he claimed.
After taking back the possession, Sathi along with his local supporters, pitched flag poles on the land and began the exercise to construct a boundary wall.
The matter was also raised before the local municipal council authorities and local administration but no one interfered into the dispute fearing the ‘terror’ of the mafia, as it had the previous government’s backing, he further alleged.
Principal of the college, S.K. Uppal, was present when the Sabha took possession.
Meanwhile, district magistrate of Moga, Satwant Singh Johal, when contacted, said he was not aware of the matter and that no party had so far approached him for help.
“It is not a government land and the process of transfer of the possession of the disputed land has taken place peacefully. So there is no point in interfering in the matters of private parties,” he added.
Dev Samaj College crush Moga collegeDev Samaj College for Women -45 defeated DM College, Moga, 29-6, 29-0 in the Panjab University Inter-college Ball Bad-minton Girls tournament held on the Dev Samaj College ground, here today.
GNGC, Ludhiana, walk over DAV College, Hoshiarpur,
MCM DAV College-36 bt AS Khanna by 29-10, 29-6
GGSCW-26 bt Ramgarhia College, Ludhiana by 29-1, 29-7.
PU Campus bt GNGC Ludhiana by 29-15, 29-7.
PU zonal youth fest concludesThe Panjab University zonal youth festival concluded here at Dev Samaj College of Education. Students from various colleges presented a musical extravaganza.
Mr Praveen Sinha, SSP, presided over the first day while Mr G.S. Bal, ADC, presided over the valedictory day function and gave away the prizes.
The results are as follows:
Shabad and bhajan: Navritu (GHGH College, Sidhwan Khurd) 1, Sumandeep (DAV, Abohar) 2 and Pooja Saini (Dev Samaj, Ferozepore) 3.
Ghazal: Pooja Saini (Dev Samaj, Ferozepore) 1, Navritu (GHGH College, Sidhwan Khurd) 2 and Jatinder and (DM College, Moga) 3.
Indian classical music: Prabhjot (GHG Khalsa, Gurusar Sadhar)1, Rajwinder Kaur (SDS College, Lopon)2.
Geet: Manoj Kumar (DM College, Moga) 1, Zorabal Singh (GHG Khalsa, Gurusar Sadhar) 2 and Rupinder Kaur (Dev Samaj, Ferozepore) 3.
Group song: Sumandeep (DAV, Abohar) 1, Harpreet (Khalsa College, Muktsar) 2 and Pooja Saini (Dev Samaj, Ferozepore) 3.
Still life: Tarunpreet (GHG Khalsa, Gurusar Sadhar) 1, Nand Lal (DM College, Moga) 2 and Sukhwinder (GHGH College, Sidhwan Khurd) 3.
Landscape: Manjeet (GHG Khalsa, Gurusar Sadhar) 1, Navjot (DM College, Moga) 2 and Kanwaljeet Kaur (SDS College, Lopon) 3.
Bhangra: GHG Khalsa 1, DAV, Abohar 2 and DM College, Moga 3.
Drama: Dev Samaj College 1, SDS College, Lopon 2 and DM College, Moga 3.
Histrionics: Sapna (SDS College, Lopon) 1, Pooja Narula (DM College, Moga) 2 and Rupinder Kaur (GHGH Khalsa College) 3.
Quiz: DAV College, Abohar 1, GHG Khalsa College 2 and Dev Samaj College 3.
Collage making: Meenakshi (Dev Samaj, Ferozepore) 1, Kamalpreet (SDS College, Lopon) 2 adn Geetu (DAV, Abohar) 3.
Rangoli: Behu (Dev Samaj) 1, Jyoti (DAV, Abohar) 2 and Ramnadeep (GHG Khalsa, Gurusar Sadhar) 3.
Clay modelling: Jasveer Kaur (GHG Khalsa) 1, Shobra Goyal (DM, Moga) 2 and Tarunpreet (GHG Khalsa) 3.
Poster making: Harpreet Kaur (GHGH, Sidhwan Khurd) 1, Manpreet (Dev Samaj) 2 and Rimple (GHG Khalsa) 3.
Var singing: GHG Khalsa (Gurusar Sadhar) 1, GHGH College (Sidhwan Khurd) 2.
Orchestra: SDS College, Lopon.
Gobind Singh college winIt was a close final for hosts Sri Guru Gobind Singh College, Sector 26, but they outplayed fancied DAV College, Sector 10, in the Panjab University Inter-College Ball Badminton Championship here today. SGGSC lost the first game 28-29, but in the second game, SGGSC came back to outwit their rivals 29-16. In the third game, SGGSC got the better of DAVC-10 29-28. For third place, Government College for Women, Sector 46, defeated DM College, Moga, 29-14, 20-29, 29-19.
NAAC report of DM CollegeSection I:
Dayanand Mathuradas College (D.M. College), 9 New Town, Moga (Punjab) was established by Rai Bahadur Dr. Mathuradas Pahwa, Padma Vibhushan in the sacred memory of Maharishi Dayanand Saraswati in June, 1926. The main aim of the College is to direct the students from Darkness Towards Light . The College motto is also inscribed in its insignia. The institution is holding the banner of light and learning for the last 79 years or so and has been serving Moga and its surrounding areas of Punjab, Haryana and Himachal Pradesh with a singleness of purpose and devotion in the sphere of higher education.
The College is Grant-in-aid College affiliated to Panjab University, Chandigarh and is recognized by University Grants Commission under 2(f) and 12(B). The campus area is sprawled in about 27 acres with 12 acres of campus and 15 acres of playground. It is situated in the urban area of Moga city. Up to 1981 it was under the control of local management. From 1981 onwards, the College is under direct control of Arya Pratinihi Sabha, Punjab (Regd.) and Arya Vidya Parishad Punjab (Regd.). This development brought about an all important change in the look, out look, image and status of the institution. It moved from a single faculty to multi Faculty College and many new subjects were added.
The management also runs other institutions in Punjab for example Arya College, Ludhiana, R.K.S. College, Nawanshahar and many schools in Punjab.
As the College falls under the category of Colleges in grant-in-aid scheme, the State Government supports the College to the extent of 95% in the payment of salaries of the teaching and non-teaching posts sanctioned by the State Government. During last year College generated resources by donations (57,750 Rupees), Alumni Association (50,000 Rupees) and self-financing courses (608531 Rupees).
The teaching and non-teaching staff is recruited through advertisement in leading newspapers and through employment exchange and the selection is carried out through duly constituted Committee as per PU and DPI rules. Presently there are 39 permanent teachers (15 female, 24 male) and 14 temporary teachers (7 female, 7male). Teachers with Ph.D. and M.Phil as the highest qualification are 4 (2 male, 2 female) and 13 (5 male, 8 female), respectively. There are 26 administrative staff and 10 technical staff. The total number of students enrolled during the year 2002-03 was 1740 and in 2003-2004 were 1628 in the regular courses and 32 in the self-financing course. Out of 1628 students in the session 2004-05 there are 1266 Boys and 362 girls.
The unit cost of education excluding salaries comes out to be Rs. 5000/- and including salary Rs. 10,000/-. The temporal plan of academic work of the College is annual system. The various support services available in the College include Central Library, Computer Centre, Intercom, Medical facility, Sports Board, Stage, Seminar Hall, Examination Hall, Yajna Shala, Staff Quarters, Canteens, Grievance Redressal Cell and Generator.
The College has 270 working days and adheres to the UGC norms for teaching days. The library is computerized and has a stock of 46085 books. The college subscribes 11 Newspapers, 12 journals and 34 magazines related to all streams. It has a reading hall and audio visual facilities. There are 22 Computers in the College. One teacher has received National and International recognition for teaching/ research/ consultancy and one teacher has attended International seminar. The College has no collaboration/ linkages with international Institutions.
The College submitted its Self Study report to NAAC in November 2003. The NAAC constituted a Peer team for its assessment and accreditation consisting of the following:
Prof. Hemlata Swarup, (Former Vice-Chancellor, Kanpur University), 111/98 A, Ashok Nagar, Kanpur-205012 Uttar Pradesh,
Dr. N.C. Aery, Professor & Associate Dean, University College of Science, Mohanlal Sukhadia University, Udaipur, and
Dr. M.S. Khanchi, Principal, Babu Anant Ram Janta College, Kaul, Kaithal, Haryana.
Mr. Ganesh Hegde, Assistant Advisor, NAAC, as Coordinator.
The Peer Team carefully perused and analyzed the Self Study Report submitted by the institution. During institutional visit, the team went through all the relevant documents, visited the departments and facilities, and interacted with the various constituents of the institution. The academic, co-curricular, extra-co-curricular and sports facilities of the institution were visited. The team interacted at length with the Principal, management members, Deans, Finance Officer, faculty members, non-teaching staff, students, parents and alumni. The team also validated the necessary documents. Based on the above exercise and keeping in mind the criteria identified by NAAC, the Peer Team analyzed the Self-Study Report and validated it. The assessment of the College on the basis of its strengths and concerns is submitted criterion wise as follow.
Section II: Criteria-wise Analysis:
Criterion-I Curricular aspects :
The College offers courses in three conventional streams at the Under Graduate level which are B.A., B.Sc. and B.Com. Recently it has started courses such as M.A. (Hindi), M.A. (Punjabi), BCA, Office Management and Secretarial Practice and PGDCA under self-financing scheme. In B.A. Programme, the students are offered a variety of subjects to choose. The subjects being offered include English, Punjabi, Hindi, Sanskrit, Mathematics, Economics, History and Political Science. Physical Education is run as an elective subject at the UG level. A student can choose any three subjects out of the above. In B.Sc. subjects are Physics, Chemistry, Botany, Zoology, Maths, English and Punjabi. In Commerce faculty the subjects which can be offered include Accounts, Economics, English, Punjabi, Computer, Book Keeping and Management.
Chronological summary of courses and subjects introduced into the College have been given below:
Course Year of Introduction
B.Sc.(Medical/ Non-Medical 1940
Computer Section 1995
Office Management 1999-2000
M.A. (Hindi) 2004
M.A. (Punjabi) 2004
Physical Education in B.A 2004
The students are given flexibility to pursue a programme with reference to time frame and to a limited extent in respect of horizontal mobility. In case students want to change his/ her elective subject, he/ she is allowed to do only within one month of the start of the course.
Keeping in view the objectives and the mission of Arya Pratinidhi Sabha, special stress is laid on the inculcation of ethical and moral values among inmates. Attempts are made to inject and propagate these values through holding functions, by having Yajna session at regular intervals, by distributing religious books and by celebrating birthdays of religious leaders.
There is a system of obtaining feed backs on the various programs of the College both from academic peers and from employees. Teachers of this College have been elected to various Faculties and Board of Studies of the Panjab University and thus, make contribution to the curriculum design of the University. There is a full synchronization in the covering of syllabi in the various sections. In addition to the prescribed syllabi, the College has created a network of subject associations namely, Science Association, Commerce Association etc. to provide a wide subject related platform for benefit of the students.
Criterion-II: Teaching, Learning and Evaluation:
Presently the College has a teaching faculty of 38 teachers of which 16 hold the degree of M. Phil and 6 are Ph.Ds. The students are selected for admission to various courses on the basis of their academic career vis-Ã -vis co-curricular activities like NSS, NCC and Sports. There is a provision for assessing studentâ€™s knowledge and skills after admission through tests conducted during the month of September and December every year and Question-Answer session conducted by the teachers in classrooms. The College also holds extra classes for the weak students. Exceptionally brilliant students are encouraged and nominated as heads of various Subject Associations and Student Editors. They are also provided scholarship and medals etc.
The teachers are encouraged by the College to make their teaching plan well in beginning of the academic session. There is a fixed schedule for covering courses and whole session is divided into three terms â€“ July to October, October to December and January to March. There is a monthly review/ monitoring of the syllabi covered at the departmental level and remedial measures are taken, if required. To supplement the lecture method of teaching, the College resorts to other supporting systems such as holding lectures by eminent resource persons from the Universities/ Institutions, holding workshops/ seminars/ exhibitions, visit to industrial houses, and conducting educational/ excursion tours etc. The Science Departments also use Audio-Visual material.
The teaching days per annum are in accordance with UGC norms with a teaching load of 24 periods per week. The evaluation methods are communicated to the students in the beginning of the year through printed syllabus, books provided by the University and also through oral announcements made by the class teachers from time to time. The over all performance of the students is monitored by holding monthly tests and viva-voce examination etc. and parents/guardians of the students are informed about their performance twice a year.
The Government sanctions teaching posts which fall under the grant-in-aid scheme. Applications are invited through advertisement in newspapers and selections are carried out through panel constituted by the University comprising nominee of Director, College Education, nominee of Vice-Chancellor, 2 subject experts, nominee of College management and Principal of the College. New posts are created on the introduction of the new subjects or with an increase in the strength of the students. The teachersâ€™ salary of self-financing courses is paid out of the College funds.
The College follows self-appraisal method to evaluate the performance of the faculty. During the last two years, 4 members of the teaching staff have attended Seminars/ Conferences, 2 teachers have attended Orientation Courses and 11 teachers have attended Refresher Courses. The Computer Science Department has established a Training and Placement Cell, which will be responsible for organizing training of BCA students. An exceptionally cordial teacher-taught relationship exists in the College. A good number of teachers know their students by their name and take personal interest in their academic development and moral level.
Criterion-III Research, Consultancy and Extension:
The College does not have research facility, though the College encourages the teachers to avail various Career Advancement Schemes provided by the University Grants Commission. The faculty members are encouraged to pursue further studies and research. Many teachers have written number of text books and other general books, such as poetry and plays in the subject of their specialization. Some teachers have delivered extension lectures and some have published research papers and attended seminars/conferences/symposia/workshops. Department of Punjabi is doing commendable job and post graduate course has been started. The department is actively engaged in writing short and long plays, which has received national/ international recognition.
There are no consultancy services in the College. College engages itself in the extension activities such as health and hygiene awareness by organizing lectures on Anti Drug Addiction, AIDS awareness and Pulse Polio campaign. It also organizes blood donation camp under the banner of Indian Red Cross Society. The College organized an 8-day First Aid and Home Nursing Training camp, lecture on Women Empowerment and Self Sufficiency, celebration of Ved Prachar Saptah, a week long Yoga camp, Punjabi Kavi Darbar, Lecture on â€˜Bhakti Dharaâ€™ and some other extensions lectures on various topics. A five day course on â€˜Personality Developmentâ€™ was also organized by the College. The College organized Panjab University Zonal Youth Festival in 2002-03. NCC and NSS activities are also conducted regularly. NCC wing is doing well. During the year 2002 and 2003 the number of students passed in â€˜Bâ€™ certificate is 13 and 12 & â€˜Câ€™ certificate is 5 and 5 respectively. One student of NCC attended Republic Day Parade and Prime Ministerâ€™s rally. NCC cadets have also attended National Integration Camp and Army Attachment Camp. NSS students carried out plantation drive and have adopted a nearby village. The teachers and students are encouraged to take part in the extension activities of social importance like Traffic Control.
Criterion-IV Infrastructure and Learning Resources:
The College is housed in a spacious building located in the heart of the city. There is a separate building for B.Com classes. From 1981 onwards, it is under the direct control of Arya Pratinidhi Sabha, Punjab and Arya Vidya Parishad, Punjab. This take over has brought about an important change in the image and status of the institution and it moved from single faculty to multi faculty College. The College is further planning to develop infrastructure and providing latest facilities by managing funds through various sources. The college has a Botanical Garden which fulfils the need of studentsâ€™ class work material.
It has infrastructure consisting of lecture theaters, laboratories, library, two air-conditioned Computer Centres, a hall, a newly constructed Girlsâ€™ Common Room, a canteen, internet facilities, audio-visual facilities, EPABX facilities, health services and generator sets etc. The College time-table is spread from 9.00AM to 3.45PM and ensures optimum utilization of its infrastructure facilities.
The College has a computerized central library with a stock of 46085 books. It subscribes 11 Newspapers, 12 journals and 34 magazines related to all streams. It has a reading hall and audio-visual facilities. The library has an Advisory Committee with a senior teacher as Convener, a Secretary and 6 members. It has Book Bank facility also. Lending and purchase of books, Book Bank facility and cataloguing, all are computerized. During the year 2002-2003 books worth rupees 91131/- and during 2001-2002 books worth rupees 132935/- were added to the stock. The library works 260 days in a year from 8.30 am to 3.30 pm. The timings of the library should be extended to 4:30 pm.
The College has a Central computer facility. The computer center has three lecturers (1 Regular & 2 Adhoc), 2 laboratories, 22 computers, 7 UPS and 5 printers & 1 scanner. Internet excess is available only to the Computer Science students. The facility is available for 8 hours a day on working days and even during summer vacation. The maintenance of computer is looked after by the Head, Department of Computer Science with the help of local dealers. All the departments are at liberty to use computers and Internet if and when required. The Computer Department has developed pay-roll system, fee collection, and student performance system and house examination system for the office use in the College. It has also developed library software for College library.
The College premises are also used as Examination Centre by many other Colleges. The College stage and grounds are also given to societies like Red Cross for holding functions. The College also has a Campus Beautification and Fabrication Committee which takes care of beautification of the College. The Library has facilities like reprography, Computers and Internet.
The College has a part-time Physician and well-equipped First Aid Kit to deal with emergencies. It is suggested to have the services of one part-time lady doctor also, since it is a coeducational College.
The physical and infrastructure facilities available in the Sports Education Center include fields for Volley Ball, Basketball, Kho-Kho, Athletic event, Table-Tennis Room, Badminton Hall (Two) and a hall for Yoga practice. In the year 2002-03 the response of the participants in different games was encouraging. The College team participated in many inter College competitions such as Badminton, Ball Badminton, Boxing, Table Tennis, Best Physique, Cricket and Soft Ball. Mr. Jugraj Singh a student of B.A. Ist year represented India at Sri Lanka in Ceylon indoor Cricket series in Sep. 2004. Naveen Kumar and Vineet Bansal of B.A. Ist year won gold medal in Panjab University and represented Punjab in all India Inter University Chess Tournament. Saravpreet Singh of B.A. IIIrd year Captained the Panjab University Ball Badminton team and represented Punjab twice in All India Inter University Ball Badminton. One of the students has represented the nation in Olympics in javelin throw. The College spent Rs. 50,000. for the purchase of sports equipment and maintenance of play ground during the last one year.
The College has a Guest House to provide comfortable stay for the officials visiting the College from time to time. It has two stages for holding functions like youth festivals and inter University functions. The space in front of the main stage can accommodate up to 4000 guests. It has a conference/seminar hall well equipped with proper light and sound system. It has 2 examination halls with a sitting capacity of about 300 students each. It has a Yajya Shala. The Yajnas are performed before the commencement of the new session and on other religious occasions.
The College provides residential accommodation to the Principal, Office Superintendent, lab assistants/attendant and other class 4 employees. The College has improved most of its existing infrastructure and added many physical, electronic and modern amenities in the Institution such as construction of new labs, 2 computer centers, girlsâ€™ common room, conference room, water coolers, TV, VCR, refrigerators, photostat machine, fax machine and generators etc.
For smooth functioning, the College has an intercom facility, which connects Principalâ€™s office with P.A. to Principal, Administrative office, library and main entrance. The College also runs a canteen. Encouragement and incentives are given to the outstanding persons in the campus by providing scholarships, fee concession etc. and social recognition.
Criterion â€“ V: Student Support and Progression:
The College tries to provide a congenial environment to the students to help them move forward in their march of progression in life. Various activities ranging from teaching, co- and extra- curricular activities and religious sessions are conducted to strengthen the students academically, physically and morally. Financial aid is provided to needy and brilliant students on a fairly large scale.
The College has recently formed regular counselling cell and avails the services of some volunteer teachers. The College has recently formed a Formal Alumni Association. Some of the alumni are the prominent persons in the field of politics, academics, police and administration. A warm interaction exists between the College and its old students at different levels. College sends birthday cards to its old students.
The College publishes its Prospectus annually. The policies and criteria of admission are made clear to the prospective students through advertisements in the news papers, in the Prospectus of the College as well as orally by the members of Admission Committees.
Students of this College have participated in the Zonal Youth Festival of Punjab University; Chandigarh held at L.R. DAV College, Jagraon in 2004 and won maximum positions. State Govt. provides financial aid in the form of scholarship to meritorious students and students belonging to SC/BC. The Institution also provides scholarships to meritorious ones and also students belonging to economically weaker sections of the society. Needy students are helped from Students Aid Fund. During the year 2002-2003 around 74 students have been benefitted with different types of scholarships amounting to Rs. 52900 were disbursed. Some other scholarships which are available to the students include Professor Roshanlal Scholarship, Swami Brahmanand Scholarship and Shri B.M. Modi Scholarship. During the last 2 years students getting benefit of Student Aid Fund for concession and scholarships were 130, 150 & 500, respectively.
There is no admission policy of the College with regard to Overseas Students. The facilities available to the students for their leisure time include indoor games, outdoor games, magazines and cultural programme. Additionally the College also effectively administers a number of activities that go a long way in grooming the personality of the students such as Certificate Course in Computers for 3, 6 and 12 months. The college publishes its magazine annually.
Criterion-VI Organization and Management:
D.M. College, Moga (Punjab), is managed and controlled by the Registered Arya Pratinidhi Sabha, Panjab, Jalandhar and Arya Vidya Parishad, Punjab , Jalandhar, the two Trusts that are more than a hundred years old. The management has good number of academicians and industrialists to help the administrative and financial functioning of the institution.
The College has a multi-tier internal coordinating and monitoring mechanism working through the medium of various committees, societies and associations consisting of Principal, Management, staff representatives and student representatives. There are committees to look after academic affairs, sports activities and cultural activities, estate committee, house examination committee etc.
Different heads of the departments and the Principal mainly monitor the academic affairs. The faculty of Physical Education coordinates the sports activities. Dean, Youth Activities, coordinates cultural activities. A College Estate Committee consisting of Principal, five Lecturers, head clerk and an architect monitors construction work.
The finances are controlled and monitored by utilizing the services of regular Bursar and through periodic audits by the internal auditors and a qualified Chartered Accountant. The adhoc The College has an in-built mechanism to check the work efficiency of non-teaching staff by his seniors/ incharge, who report the same in the ACR of the employees at the end of the year. Principal writes the ACR of each employee of non-teaching staff. Performance appraisal is sought from teachers of the various departments on the working of non-teaching staff in their department. The academic calendar of Panjab University, Chandigarh is followed. The College has a deficit budget, as it has spent 1,70,02,981/- on various heads out of 15,50,000/- budget provided. It has an internal audit mechanism. The College has various welfare programmes ranging from freeship to the wards of employees, supply of uniform to class-IV employees, free accommodation to class-IV employees and adult education.
The College has Grievance Redressal Cell. It comprises the Principal, the staff secretary, the two representatives of the teaching staff, bursar and Incharge, Student Welfare Association. The problems are sorted out by holding a dialogue between the Principal and the party concerned. In rare cases assistance is sought from the relevant person in the Grievance Redressal Cell to tackle the matter in hand.
In addition to Provident Fund Loan facility, the employees are also provided short-term loans and advances depending upon the availability of the funds and exigencies of the situation. The College regularly holds Annual Prize Distribution Function. The College publishes its Progress Report and highlights it on the occasion of Annual Prize Distribution function and Convocation.
Criterion-VII: Healthy Practices:
The Peer team appreciates the presence of some healthy practices in the College that are surely helping the academic and intellectual development of the students. These are mentioned below:
The academic session begins with the performing of yajna in the College which helps in inculcating moral values among the students.
The College has a mechanism for internal quality check by way of formation of certain committees. The Principal and his team are well aware of what is needed for the well being of the institution.
The College inculcates civic responsibilities among its students through NCC, NSS, Adult literacy, blood donation camp aids awareness programmes and plantation drive.
The NCC and NSS units of the College help the students to realize the dignity of labour by involving them in community programmes and cleanliness drives etc.
The College provides ample opportunities and occasions to the students where they express their creative mind and talent, which helps in their all-round personality development.
The college conducts Yoga camp for the benefit of students.
Extension lectures are arranged to inculcate ethical and quality leadership qualities among the students.
Remedial classes are organized for poor and weak students.
The discipline of the College is exemplary.
The college for the last few years, has a dynamic Principal, who has modernized and added to the buildings and has been able to energise the staff also for personal and college development.
The teacher-taught relationship is good.
The salary and other allowances of the staff is paid regularly.
The college is fulfilling the need of science education in the region since there are no other colleges offering science education in this region.
Section III: Overall Analysis:
D.M. College, Moga established in 1926 and affiliated to Panjab University, Chandigarh is rendering a yeoman service to this city and surrounding rural areas. The College is spread over an area of about 27 acres of land and is on the Grant-in-Aid list of the UGC and state government. The College has B.A., B.Sc., B.Com courses. Under self financing scheme the College has introduced M.A. (Hindi), M.A. (Punjabi), BCA, Office Management and PGDCA during the last five years.
The College is managed by a governing body which functions within the constraints set by affiliating university and the state government. The College has a large campus with plenty of land for future addition to its infrastructure and new courses, the plans for which are underway.
The College follows the conventional method of teaching though in some departments audio visual aids are being used as a teaching aid. The College is yet to develop research culture. No consultancy services are offered by the teachers. However, extension in the form of various aware ness programmes is undertaken by the students as part of the activities in the NSS. The extension activities established a linkage of the College with the neighborhood.
Some graduates of the College have excelled in various walks of life may it be politics, administration, academic or police. The College offers facilities for a large variety of literary, cultural and physical activities for all-round development of the students. The management of the College is visionary and forward looking it is running 8 more institution in addition to this College in Moga, Ludhiana and Nawanshahar. There is clean indication that preparation for access by NAAC has already given rise to new ideas and initiatives among staff as well as administration of the College. The College will be highly benefitted if the spurt of development is maintained even after the process of assessment.
The peer team while appreciating the approach of D.M. College, Moga to quality assurance and standards would like to express some concern and place its suggestions for further development for the institution for the consideration of the College authorities.
Recommendations and Suggestions:
Teaching learning process needs to be strengthened through audio visual aids and computer aided modes.
The College may constitute a Research Development Committee and teachers be encouraged to apply to different funding agencies such as UGC, CSIR, DST, ICSSR, ICHR, Social Justice, Rural Development and Women and Child Development etc. for minor and major research projects.
Short term Computer Training programmes be arranged to make teaching and non-teaching staff to be computer literate.
Internet facility in the Computer lab be extended to all students.
The library needs to be enriched in terms of books and journals.
The Alumni Association needs to be strengthened.
The faculty needs to be encouraged to participate in faculty development programmes.
The College should setup Internal Quality Assurance Cell for continuous progress.
Canteen facilities should be increased and there should be a separate arrangement for the girl students.
Studying the socio economic condition and societal need of the area more of job oriented subjects/programs be introduced.
Postgraduate courses in Science subjects and some other subjects such as Philosophy, Psychology should be started at undergraduate level.
Tutorial classes should be held regularly for Arts and Commerce students also.
The services of one part time lady doctor should be taken since it is coeducational institute.
The library timings should be extended to 4:30 pm.
NSS activities of the College need to be improved.
The Peer Team would like to place on record its sense of gratefulness to Dr. S. K. Uppal, Principal and Sh. R. C. Sharma, Coordinator, Steering Committee, the teaching and non-teaching staff, the students, the parents, the Alumni and others associated with the College for their remarkable hospitality and courtesy. The Peer Team wish that in the coming years the College would be able to march ahead towards promoting the cause of higher education and thereby striving for the fulfillment of its aims and objectives.
Prof. Hemlatha Swarup (Chairperson)
Prof. N. C. Aery (Member)
Professor & Associate Dean
University College of Science
Mohanlal Sukhadia University
Dr. M.S. Khanchi (Member)
Babu Anant Ram Janta College
Kaul, Kaithal, Haryana.
Dr. S. K. Uppal
D.M. College, Moga
22nd January, 2005
D M COLLEGE MOGA Vs STATE OF PUNJAB and OTHERSIN THE HIGH COURT OF PUNJAB and HARYANA, CHANDIGARH
Civil Writ Petition No.8231 of 2009
Date of Decision: May 27, 2009
D.M. College, Moga .....PETITIONER(S)
State of Punjab and Others .....RESPONDENT(S)
HON BLE MR. JUSTICE AJAI LAMBA
Mr. Y.K. Sharma, Advocate, for the petitioner.
AJAI LAMBA, J (Oral)
The prayer made in this civil writ petition filed under Article 226/227 of the Constitution of India is for issuance of a writ in the nature of mandamus directing the respondents to comply with the directions given by Division Bench of this Court while dealing with Civil Writ Petition No.14340
of 2006 titled Arya College, Ludhiana Vs. State of Punjab and Others , decided on 18.12.2007.
It has been brought out that the petitioner is helping the State to achieve its welfare policies. The State of Punjab implemented a scheme known as `95% Deficit Grant in Aid Scheme for granting financial assistance to non government aided colleges. The State Government took a conscious decision to provide financial assistance to private aided colleges to enable these colleges to pay the scales recommended by the UGC so as to maintain minimum standards in higher education on
the basis of sanctioned strength of teaching and non teaching employees. Because the respondents are not releasing the admissible grant in aid, the petitioner is unable to pay the teaching and non
teaching staff which seriously hampers the working of the Institution.
Issue notice of motion.
Mr. Anil Sharma, Senior Deputy Advocate General, Punjab, on the asking of the Court, accepts notice. Copy of the petition has been handed over.
Learned counsel for the respondents has not been able to dispute that grant in aid is required to be released in terms of the judgment relied upon on behalf of the petitioner.I have considered the issue. The Division Bench in the case of Arya College, Ludhiana (supra), issued directions in the following terms:-
Accordingly, we direct the State to meet its liability as per its declared scheme within three months from today.
The State will be at liberty to rely upon the record already available or to have access to such other record of the petitioner-college as, may be necessary, but on this account, the State will not avoid its liability. We make it clear that Secretary, Higher Education, Punjab will be held personally liable in case of default in meeting the liability.
This Court has considered the very issue while dealing with Civil Writ Petition No.4464 of 2009
titled BLM Girls College, Arya Samaj, Nawanshahr vs. State of Punjab and Others , decided on 21.3.2009 and Civil Writ Petition No.5393 of 2008, titled Ramgaria College of Education, Phagwara vs. State of Punjab and Others , decided on 24.4.2008, in which also the respondent-State has been directed to release the grant in aid.
In Civil Writ Petition No.3191 of 2007 titled `The Managing Committee, Guru Gobind Singh College, Saghera, Barnala, District Sangrur vs. State of Punjab and Another decided on 19.2.2008, similar view has been taken and direction was issued to the respondents to release grant in aid.
Special Leave Petition was filed by the State of Punjab, the same being SLP No.15798 of 2008 which was dismissed on 8.12.2008.
Considering the directions issued by this Court in various cases as noticed above, and in the facts and circumstances of this case, it is directed that the respondents shall pay 85% of the grant-in-aid due to the petitioner within a period of 4 months after clearance of objections by the petitioner.
So far as balance 15% of the amount of grant-in-aid due is concerned, the petitioner may submit separate representation to the respondents.
Petition is allowed in the above terms.
K K GUPTA and ORS VsMRS ANJALI BHAMRA and ORS
STATE OF PUNJAB Vs RAGHUNATH RAI AND OTHERS C riminal Appeal 25 DBA of 2000IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: 30.7.2008.
State of Punjab ....Appellant
Raghunath Rai and others ...Respondents
2. C riminal Appeal N o. 726-SB of 1999 Suraj Parkash and others ....Appellants
State of Punjab ...Respondent
3. C riminal Appeal N o. 639-SB of 1999 Raghunath Rai and another ....Appellants
State of Punjab ...Respondent
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE S. D. ANAND
Mr. D.S. Brar Deputy Advocate General Punjab for the appellants in Criminal Appeal No. 25-DBA of 2000 and for the respondent-State in Criminal Appeal Nos. 726- SB of 1999 and 639-SB of 1999.
Mr. Baldev Singh Senior Advocate with Mr. Deepender Singh Advocate for the appellants in Criminal Appeal Nos. 639-SB of 1999 and for the respondents No. 3 to 5 in Criminal Appeal No. 25-DBA of 2000
Mr. J.S. Bedi Advocate for the appellants in Criminal Appeal Nos. 726-SB of 1999 and for
respondents No. 1 and 2 in Criminal Appeal No. 25-DBA of 2000
S. D. ANAND J.
Raghunath Rai son of Kishori Lal Preet Mohinder Singh Jain son of Pritam Singh Suraj Parkash son of Ram Dass Sunita Kumari wife of Suraj Parkash and Gyatri Devi wife of Ram Nath were tried on a charge under Sections 302 364 201 read with Section 120-B IPC.
2. Learned Trial Judge acquitted all the accused on the charge under Section 302 IPC but convicted Raghunath Rai and Preet Mohinder Singh Jain for the offence under Section 364 IPC; while Suraj Parkash Sunita Devi and Gyatri Devi were convicted for an offence under Section 364 read with Section 120-B IPC. Apart therefrom Suraj Parkash Sunita Devi and Gyatri Devi were also convicted for an offence under under Section 201 IPC; while Raghunath Rai and Preet Mohinder Singh Jain were convicted for an offence under Section 201 IPC read with Section 120-B IPC.
3. Criminal Appeal No. 726-SB of 1999 has been filed by Suraj Parkash Sunita Kumari and Gyatri Devi against their conviction; while Raghunath Rai and Preet Mohinder Singh Jain have filed Criminal Appeal No. 639-SB of 1999. The State of Punjab has filed Criminal Appeal No. 25-DBA of 2000 to challenge the validity of the acquittal of all the accused for an offence under Section 302 IPC.
4. Facts in the first instance :-
Dr. Subodh Singla was a private medical practitioner at Moga. His wife/first informant is a lecturer in D.M.College Moga.
The couple had financial dealings with Raghunath Rai and Preet Mohinder Singh Jain both of whom are contractors by profession since long. About five months prior to 6.4.1995 Preet Mohinder Singh Jain and Raghunath Rai had obtained a loan of Rs. 250000/- from Dr. Subodh Singla. However they did not repay the loan inspite of the fact that Dr. Subodh Singla visited them a number of times to obtain the repayment of loan amount. In the month of January 1995 Preet Mohinder Singh Jain handed over a cheque for Rs. 1 lac drawn at a Chandigarh bank for adjustment towards the loan aforementioned. However it came to the notice of Dr. Subodh Singla that the cheque could not be encashed on account of paucity of funds in the account. Thereupon Dr. Subodh Singla sent a message to Preet Mohinder Singh Jain and Raghunath Rai to repay the loan amount or else he would initiate legal action against them.
5. On 5.4.1995 at about 8.00 A.M. Preet Mohinder Singh Jain and Raghunath Rai came over to the house of Dr. Subodh Singla and requested him to accompany them so that they could withdraw the amount from the bank and hand it over to him. They had a grievance that though they had lot of liquid cash in the bank account they had been defamed by Dr. Subodh Singla by announcing that there were no funds in that account. At that time Ashok Kumar Bansal PW-11 ( a spare parts dealer at Moga and real brother of the first informant) also happened to be present over there. He infact asked Dr. Subodh Singla to refrain from accompanying Preet Mohinder Singh Jain and Raghunath Rai but his plea fell on deaf ears and Dr. Subodh Singla and duo aforementioned travelled by Maruti Car bearing registration No. PB-04- 9293 (of which Dr. Subodh Singla was the registered owner).
Their announced destination was Chandigarh. However Dr. Subodh Singla did not return home during night. Ultimately when Dr. Subodh Singla did not return home even on the following day she
(i.e. first informant) got suspicious that Preet Mohinder Singh Jain and Raghunath Rai had taken her husband away with a common intention to kill him. She accompanied by her brother PW-11 Ashok
Kumar Bansal and two others including Ashok Singla and Dr. Surinder Goyal went over to the Police Station and notified the offence to the police. It is the information furnished by her which formed the foundational premise of FIR No. 43 dated 6.4.1995.
6. On 6.4.1995 Inspector Jagmohan Singh PW-14 received a secret information on the basis whereof he held a Naqabandi at Kotkapura bye-pass. The police party intercepted Maruti car bearing
registration No. PB-04-9293 at about 10.15 P.M. when the vehicle came over there from Jagraon side. It was found that Suraj Parkash was driving the car with Sunita Kumari occupying the seat by his side; while Gyatri Devi was occupying the rear seat. The dead body of Dr. Subodh Singla was lying on the rear seat in a sitting posture.
7. On 7.4.1995 PW-7 Jagdish Pal (a retired revenue official residing at Moga) had been to Chandigarh where he visited the office of Deputy Secretary Rehabilitation Department Chandigarh. In that context he was available at Bus Stand Chandigarh at about 2.00 P.M. where Raghunath Rai and Preet Mohinder Singh Jain met him.
He was familiar with those two accused. Both of them separately made an extra-judicial confession before him there itself conceding their involvement in the impugned crime. Preet Mohinder Singh Jain
confessed having fetched Dr. Subodh Singla from Moga about two days ago. Apart from the money transaction aforementioned they had doubted the personal character of Dr. Subodh Singla. Preet
Mohinder Singh Jain further informed the witness that he and Raghunath Rai got Dr. Subodh Singla murdered by paying some amount to accused Suraj Parkash. Raghunath Rai too took Jagdish
Pal aside and told the latter that Dr. Subodh Singla was got murdered through Suraj Parkash accused. Both of them requested Jagdish Pal to help them out. He told them to come over to Moga
where he would help them.
8. Likewise PW-9 Smittar Singh a resident of Moga (doing the business of electric motors and generator set etc.) was present at Ludhiana Bus Stand (where he had gone with his friend Krishan
Kumar to see off a relation of his who was to proceed to Delhi).
There he came across Raghunath Rai accused who made an extrajudicial confession before him there itself that he and Preet Mohinder Singh Jain had initially fetched Dr. Subodh Singla from
latter's house to Chandigarh and had got him murdered through Suraj Parkash his wife Sunita Kumari and Gyatri Devi accused as he (Raghunath Rai) had an apprehension that Dr. Subodh Singla had illicit relations with his wife. Smittar Singh was familiar with Preet Mohinder Singh Jain and Raghunath Rai as both of them used to visit Dr. Subodh Singla. On the request of Raghunath Rai Smitter Singh PW-9 produced him before Inspector Jagmohan Singh at Bus Stand Ludhiana.
9. After Raghunath Rai had been taken into custody he was interrogated by Inspector Jagmohan Singh PW-14 in the presence of PW-9 Smitter Singh. He disclosed that he had kept concealed one
attache case in his house at Panchkula. He offered to get the recovery thereof effected. He signed his disclosure statement Ex. PK which was also attested by PW-9 Smitter Singh and Krishan
Kumar. Thereafter the party afore-mentioned proceeded to Panchkula from where accused Raghunath Rai led to the recovery of one attache case. It was found to contain clothes belonging to Dr. Subodh Singla. Sometime thereafter Preet Mohinder Singh Jain accused was produced before Inspector Jagmohan Singh PW-14 by ASI Udik Chand and another person.
10. The usual formalities including the conducting of postmortem examination etc. followed and the accused were challaned in due course.
11. The prosecution examined PW-1 Dr. Ramesh Sharma PW-2 Balraj Arora PW-3 HC Surjit Singh PW-4 Gursewak Singh PW-5 Jaswant Singh PW-6 Ashok Mittal PW-7 Jagdish Pal PW-8
Kiran Singla PW-9 Smittar Singh PW-10 Udik Chand PW-11 Ashok Kumar Bansal PW-12 Parveen Kumar PW-13 Surinder Singh and PW-14 Inspector Jagmohan Singh at the trial.
12. PW-1 Dr. Ramesh Sharma Surgical Specialist Civil Hospital Moga had (along with Dr. Prem Singh E.M.O. Civil Hospital Moga) conducted post-mortem examination on the dead body of Dr. Sobodh Singla and found the following injuries on it:-
1. Abrasion 1 X 0.75 cms on front of nose 2 cm below bridge of nose irregular in shape brownish red in colour.
2. Abrasion 0.75 X 0.5 cm on right side of face 1 cm below the eye transverse indirection brownish red in colour.
3. Abrasion 0.75 X 0.5 cm on the left side of the face 1.5 cm below the eye transverse in direction
brownish red in colour.
13. The Board further found that Haemorrhagic spots were present on the surface of the brain underneath the meninges. Brain matter was slightly liquified. Haemorrhagic spots were present
underneath the pleurae. Layrnx and tracheas and were congested and contained blood stained froth. Both lungs were darkly congested and on cut section blood stained frothy fluid extruded.
Left side of the heart was empty but right side of full of dark coloured fluid blood. The deceased bore old scars of appendicectomy operation. Liver spleen kidneys were congested. All other organs were healthy. In the opinion of Board the death in this case was due to asphyxia as a result of smothering (and injuries on the face were ante-mortem in nature) and sufficient to cause death in an
ordinary course of nature.
14. PW-2 Balraj Arora Manager Punjab National Bank Sector 33-A Chandigarh made a record-based statement to the effect that Shifali Jain is holder of savings fund account No. 5305 at that branch. He proved Ex. P2 a photostat copy of account opening form of that account and proceeded to testify that the cheque Ex. P1 cannot be encashed as it does not bear the signature of the account holder. He proved his signature on letter Ex. P3 which he had addressed to SHO P.S. City Moga in the relevant behalf.
15. PW-3 HC Sarabjit Singh was a member of police party which recovered the dead body of Dr. Subodh Singla when it was being taken by a car driven by Suraj Parkash accused; while Sunita Kumari and Gyatri were the other two occupants of that vehicle.
16. PW-4 Gursewak Singh a private Draftsman had prepared scaled site plan Ex. PE of the house of Dr. Subodh Singla on 29.4.1995.
17. PW-5 Constable Jaswant Singh tendered his affidavit Ex. PF into evidence. The affidavit contains averments with regard to delivery of the special report by that police official to the learned Illaqa Magistrate on 6.4.1995 at 11.00 P.M.
18. PW-6 Dr. Ashok Singla was present at the time car bearing registration No. PB-04-9293 was intercepted by the police party on 6.4.1995 at about 10.00 P.M. The car had come from Ludhiana side. It was found to carry the dead body of Dr. Subodh Singla. The car was being driven by Suraj Parkash accused; Sunita Kumari and Gyatri Devi accused being the other occupants of the
19. PW-7 is Jagdish Pal before whom Raghunath Rai and Preet Mohionder Singh Jain had made extra-judicial confession at Bus Stand Chandigarh on 7.4.1995.
20. PW-8 is the first informant.
21. PW-9 is Smitter Singh before whom Raghunath Rai had made an extra judicial confession in the month of April 1995. The witness had produced Rahunath Rai thereafter before Inspector
22. PW-10 Retired SI Udik Chand then posted at Police Station City Moga had partly investigated this case.
23. PW-11 is Dr. Ashok Kumar Bansal (Dr. Subodh Singla was his sister's husband). He is witness of the last-seen evidence and also the recovery of dead body which was intercepted by the police party on 6.4.1995.
24. PW-12 Parveen Kumar was present at the house of Dr. Subodh Singla in December 1994 when Preet Mohinder Singh Jain borrowed a sum of Rs. one lac from him.
25. PW-13 Surinder Kumar an official in the Registration Branch of the office of DTO made a record-based statement to the effect that Dr. Subodh Singla is entered as registered owner of car
bearing registration No. PB-04-9293.
26. PW-14 Inspector Jagmohan Singh is the main Investigating Officer of the case.
27. The accused sheltered themselves under the usual plea of false implication and averred in the course of their respective statements under Section 313 Cr.P.C. as under:-
I am innocent. Singla family is known to me since 1955.
After passing my B.A. From Sangrur we were not on visiting terms with each other. After shifting to Moga from Sangrur. Dr. Subodh had met after 24/25 years in the month of October 1994. Both husband and wife desired that they had to marry their daughter and that some suitable match should be found for her. Dr. Subodh wanted to marry her daughter abroad while his wife Kiranbala wanted to marry her daughter in India. I could not arrange suitable match for their daughter as a result of which they got annoyed with me.
On 6.4.1995 daughter of Subodh had telephoned me at 5 p.m. and again at 6. p.m. Dr. Ashok had
confirmed that Bhai Sahib had died. I told him again asaid I reached the house of Dr. Subodh on the next day and police caught hold of me. I was retained in the police station on the night of 7.4.1995and I was taken to CIA staff at 8.30 where I was retained intervening night 7 and 8.4.1995. On 9.4.1995 I was taken to police station Mehna where I was retained in a family quarter. I was
brought from there on 17.4.1995 and thereafter I was arrested in this case. I have not got any property recovered and old torn clothes have been planted upon me. My signatures were obtained on blank papers in the police station. Samitter Singh and Jagdish Lal had family relations with Kiran Singhal and Ashok Singhal. I did not borrow any money from Dr. Subodh. It is false case. I
PREET MOHINDER SINGH
I had not issued any cheque. Cheque is not signed by me. I had appeared before the S.P. Moga on 21.4.1995 and had submitted application mark E to him who had marked the same application to the S.H.O. City Moga I for verification and report and had passed the order Mark E/1. This application bears my signatures. Thereafter I was accompanied by Mr. Rajesh Garg when I produced myself before the police in police station on 21.4.1995.
Truth of the fact is that on 3.4.1995 I had gone to Kurukshetra and remained there during night and the duplicate receipt a photo stat copy of which is mark F. I had remained in Neel Kanthi Krishan Dham Kurukshetra of Haryana Tourism Corporation which is a semi Govt. body. Duplicate receipt of the payment made by me there is mark F. Thereafter I had gone to Rohtak and I had to arrange for the migration of my daughter Urbshish who was the student of B.Ed with admission number 941/6383 dated 11.10.1993 for which I had alongwith application deposited the late fee of Rs. 200/- vide late fee receipt number 094977 dated 4.4.1995. From there I had gone to Charkhi Dadri Haryana on 5.4.1995 as I had to attend the meeting of the trust named Charnji Lal Jain Charitable Trust and I had given on rent one shop of the trust vide rent deed mark C on 5.4.1995 which bears my signatures. The photo stat copy of the same is mark C.
Thereafter I had remained at night in between 4 and 5.4.1995 at Delhi in the house of Shri Gursharan Singh in 2 IC BSF Nav Bharat Apartment Pachhm Bihar New Delhi. They kept a register for all the new entrants which is maintained regularly. The photostat copy of the said register entry bearing my signature is Mark D-. I had gone there at 10 p.. on 4.4.1995. On the next day morning I had come to Charkhi Dadri and again had returned to New Delhi on 5.4.1995 at about noon. At
Charkhi Dadri the proceedings of the trust I had participated. The photo copy of the same is Mark G. It bears my signatures and singatures of another trustee Babu Bakhshi Ram. I had not come to Moga in between any day or at any time from 3.4.1995 to 6.4.1995. I am innocent.
I am innocent. On 7.4.1995 Police arrested me and my co-accused from Railway Colony chowk and we were taken to police station City Moga and we have been falsely implicated in the present case and we were produced in the court on 8.4.1995.
I am innocent. On 7.4.1995 the police had arrested me and my wife Sunita from Railway Colony Chowk from our house and brought us to police station City Moga where we were falsely implicated in this case and we were produced in the Court on 8.4.1995.
I am innocent. On 7.4.1995 I and my co-accused were arrested from our house situated Railway Colony Chowk and were brought to police station City Moga where we were falsely implicated in this case and we were produced before the Magistrate in the Court on 8.4.1995.
28. DW-1 Balwinder Singh Record Keeper posted at Civil Hospital Moga DW-2 Dr. Mohinder Pal. M.O. S.H.C. Dhalleke DW- 3 Bakshi Ram Raj DW-4 Jai Parkash Maratha a Deed Writer practising at Charkhi Dadri DW-5 Dinesh Kumar Aggarwal Counter Incharge of Neel Kanth Yatri Niwas Kurukshetra DW-6 Constable Vir Singh DW-7 Jagmeet Singh and DW-8 Rajesh Kumar Garg an
Advocate practising at Sangrur were examined in defence evidence.
The DWs were produced essentially to buttress the plea of alibi raised by Preet Mohinder Singh Jain.
29. Learned Trial Judge exonerated all the accused of the charge under Section 302 IPC by recording a finding that thus it is a case where all the circumstances from which the inference of guilt of murder is sought to be drawn have not been cogently and firmly established. The circumstances are not of such nature which would have definite tendency underringly pointing towards the guilt of murder by the accused with common intention.............I have carefully analysed the circumstantial evidence pertaining to offence under Section 302 IPC and find that the circumstantial evidence is not sufficient enough to come to a conclusion that the offence under Section 302 IPC has been committed by first set or the second set of accused. Few other factors for instance; the doubt regarding place where the death was caused the exact time when the death could have been caused the mode and manner in which the death had been caused have remained a mystery in this case. Even the complainant Kiran Singla PW-6 and Ashok Singla PW-11 in their
cross examination have admitted that till date they have tried to find time the place and manner and other related circumstances regarding the details of death of Dr. Subodh Singla. The medical evidence no doubt proves that the death was unnatural but regarding the actual cause of death there is a doubt created which as per PW- 1 could be the result of smothering. The signs of putrefaction of the brain also raises a doubt regarding the cause of death.
30. The last-seen evidence was relied upon for recording a finding under Section 364 IPC against Raghunath Rai and Preet Mohinder Singh Jain; while accused namely Suraj Parkash Sunita Kumari and Gyatri Devi were convicted for an offence under Section 364 IPC read with Section 120-B IPC. In view of the recovery of the dead body in the car (driven by Suraj Parkash the other occupants
of the vehicle being Sunita Kumar and Gyatri Devi.) the trio ( Suraj Parkash Sunita Kumari and Gyatri Devi) were convicted for an offence under Section 201 IPC; while other co-accused Raghunath Rai and Preet Mohinder Singh Jain were convicted for offence under Section 201 IPC read with Section 120-B IPC. The evidence adduced by the prosecution in the form of extra-judicial confessions was discarded by the learned Trial Judge.
31. The plea of alibi raised by Preet Mohinder Singh Jain was negatived with the following observations:-
.......DW-3 Bakshi Ram Jain produced the record of Charitable Trust Charkhi Dadri showing that there are three trustees of the Trust namely Bakshshi Ram Jain Preet Mohinder Singh Jain and Parkash Chand Jain.
Attempt was made to show that a meeting of trust was held on 5.4.95 at 12 p.m. which was attended by Preet Mohinder Jain. Copy of the proceeding book was proved as Ex. D-3. I have carefully seen the said resolution book. This appears to be a piece of evidence created later on to take a plea of alibi. ......... DW-6 has been produced as a certified copy of the order passed in ejectment petition.
The said evidence also does not prove the alibi beyond shadow of doubt.
DW-4 Jai Parkash Markatha deed writer has been produced to prove the signatures of Preet Mohinder Jain in his register as he is a lincenced deed writer. A rent note Ex. D-4 is alleged to have been signed by Preet Mohinder Singh Jain on 5.4.95 in his presence. He has proved the photo copy of the register Ex. D-5. The evidence of DW-4 is not trustworthy because after the death of Dr. Subodh Mohinder Singh Jain was not arrested immediately but he had enough time to create
evidence in his defence. Moreover Ex. D-4 is not executed on stamp paper whereas all the other
documents as admitted by DW-4 entered in his register were executed on stamp paper.
DW-5 Dinesh Kumar has tried to prove that Preet Mohinder Jain had arrived on 3.4.95 at 12 noon at Neel Kanth Yatri Niwas Kurukshetra and he left on 4.4.95 at 7.15 A.M. His evidence is not worthy of credence and is not sufficient enough to doubt the presence of Preet Mohinder Jain on 5.4.95 in the house of Dr. Subodh.
DW-7 Jagmeet Singh an Advocate from Delhi who stated that on 4.4.95 at 10 p.m. Preet Mohinder Singh Jain came to his house and stayed with him and left on 5.4.95 at 7.30 A.M. for Dadri. ........ The testimony of this witness does not inspire confidence as he is very close to Preet Mohinder Jain but it is surprising as admitted by him he did not lodge any complaint to senior police officer regarding false implication.
DW-8 Sh. Rajesh Kumar Advocate stated that on 21.4.95 he alongwith Preet Mohinder Singh Jain came to the S.P. Office Moga and he produced Preet Mohinder before the S.P. ........ The absence of signatures of DW-8 on Mark E raises a doubt regarding the production of Preet Mohinder Jain as alleged before the police.
33. While assailing the finding of acquittal recorded by the learned Trial Judge for the offence under Section 302 IPC the learned State counsel argued that the reasons noticed for discarding extra-judicial confession were not appropriate. It was argued that there was nothing unnatural on the part of Raghunath Rai and Preet Mohinder Singh Jain in having unburdened their heart before PW-7
Jagdish Pal and PW-9 Smittar Singh who were close to the family of the deceased.
34. It was also argued that the very last seen evidence which had been relied upon by the learned Trial Judge for convicting Raghunath Rai and Preet Mohinder Singh Jain for an offence under Section 364 IPC ought to have been held as the foundation for convicting those ( Raghunath Rai and Preet Mohinder Singh Jain) and also their co-accused (Suraj Parkash Sunita Kumari and Gyatri Devi) on a charge of murder particularly when the last seen evidence was fully corroborated by evidence on point of motive and recovery of an attache case containing the clothes belonging to the
deceased at the instance of Raghunath Rai.
35. In Criminal Appeal No. 726-SB of 1999 learned counsel for the appellants (Suraj Parkash Sunita Kumari and Gyatri Devi) argued that the evidence pertaining to the recovery of the dead body is not reliable and further that afore-mentioned solitary piece of evidence could not have been relied upon to base conviction of the trio on a charge of conspiracy particularly in the absence of any other evidence whatsoever to corroborate the charge that those three accused/appellants were privy to the impugned murder. In that context learned counsel invited our attention to certain discrepancies which appeared in the statements of witnesses in whose presence the car carrying the dead body of the deceased had been intercepted. It was also argued that the proposition propounded by the prosecution in the context of charge of conspiracy was unnatural because the three accused aforementioned are not proved to have been members of a contract killer gang and further there is also no evidence that those three accused had anything to do with Preet Mohinder Singh Jain and
36. Learned counsel appearing on behalf of the appellants (Raghunath Rai and Preet Mohinder Singh Jain) in Criminal Appeal No. 639-SB of 1999 argued that the evidence against both the appellants is unreliable and is particularly feeble in the case of Raghunath Rai as there is not even an allegation that he was recipient of even a fraction of the loan which had allegedly been given by Dr. Subodh Singla to Preet Mohinder Singh Jain accused.
Our attention in the context was also invited to certain discrepancies appearing in the inter-se statement of the first informant and PW-12 Parveen Kumar. The line of reasoning adopted by the learned Trial Judge in discarding the extra-judicial confession was reiterated. It was also argued that mere alleged recovery of an attache case at the instance of Raghunath Rai in pursuance of an alleged disclosure statement cannot be said to be sufficient to convict atleast that appellant on a charge particularly when he is not proved to have had any motive to be a party to the impugned crime and it is not even the prosecution presentation that the clothes allegedly recovered bore any blood the group whereof could be matched with the clothes found on the dead body of the deceased. Learned counsel also had a grievance that non association of an independent member of the public in the party is also a factor to doubt the prosecution plea particularly in view of evidence to the effect that members of public were available aplenty at the relevant point of time. Learned
counsel also argued that the evidence on point of alibi of Preet Mohinder Singh Jain had been inappropriately rejected by the learned Trial Judge.
37. We would take up respective pleas put forward by the learned counsel for the parties before this Court item-wise.
38. Insofar as the criticism directed by the learned counsel in the context of discarding of the extra-judicial confession by the learned trial Court is concerned we find the plea to be totally devoid
of force. There are umpteen reasons which would validate the view obtained by the learned Trial Judge in declining to rely upon the extra-judicial confessions. PW-7 Jagdish Pal (before whom Preet
Mohinder Singh Jain and Raghunath Rai had both made extrajudicial confession) is a retired revenue official and is a resident of Moga. On his own showing I have no relationship with the accused. At the time of his retirement ( about 4-5 years prior to 13.3.1997 i.e. the date on which he was examined at the trial) he was posted at Zira. During his service career he had been posted in Patiala Sangrur Ferozepur and Moga Districts. He had never been posted in any revenue estate in which the accused afore-mentioned may be holding any property. He has no relations of his either at Chandigarh or at Panchkula. He also has no idea about the details of the family of both the accused. Preet Mohinder Singh Jain accused is a resident of Sector 43 Chandigarh; while accused Raghunath Rai is a resident of Panchkula. As per his statement he had been to Chandigarh on 7.4.1995 to visit the office of Deputy Secretary Rehabilitation Department Chandigarh. He did not
indicate the job for which he came over to Chandigarh on that day.
The only averment made by him in the context was that the job was not done on that date. For want of knowledge he had no idea about whether there is a police post at Bus Stand Chandigarh or not.
He conceded that he did not report the matter to the Moga police as I was tampered and perplexed. I had got that perplexing due to the death of Dr. Subodh and due to my illness. He conceded that
kotwali Moga is across the road from the Bus Stand at Moga. He did not go over to the house of Dr. Subodh or Dr. Ashok Kumar to intimate the extra-judicial confession to them inspite of the fact that
he passed by the side of house of Dr. Subodh and Ashok Kumar. It is in his statement that the road which he chose for the journey was at a distance one furlong from the house of Dr. Subodh and one
Kilometer from the house of Dr. Ashok Kumar. It is in his own testimony that Raghunath Rai accused wanted help from him and he told them to come over to him at Moga where he would help them.
There is no averment that Raghunath Rai and Preet Mohinder Singh Jain ever visited him thereafter at Moga. PW-7 Jagdish Pal is thus a person who did not share the factum of extra-judicial confession either with the police or with the family members of Dr. Subodh. He does not hold any office. He has no special association with or influence over the police. He has not indicated any particular reason on account of which Raghunath Rai and Preet Mohinder Singh Jain would have been inclined to open their heart with him and seek his help for their production before the police.
39. Insofar as PW-9 Smittar Singh (before whom only respondent accused Raghunath Rai had allegedly made extra judicial confession) is concerned he claimed to have gone over to Ludhiana Bus Stand to see off a relation who was Delhi-bound.
PW-9 Smittar Singh was accompanied by his friend Krishan Kumar.
At the Bus Stand itself Raghunath Rai accused made an extrajudicial confession to him and also informed him in the course thereof that he (Raghunath Rai) had suspicion that Dr. Subodh Singla had illegal relation with his wife. He runs the business of electrical motors etc. at Moga. Accused Raghunath Rai is resident of Panchkula. Smittar Singh claimed that they came to know each other as both were on visiting terms with Dr. Subodh Singla. He averred at the trial that he produced Raghunath Rai before Inspector Jagmohan who happened to be available just out side the Bus Stand at that point of time. However he conceded that I did not ring at the house of Dr. Subodh Singhal on coming to know about his death.
I also did not ring up to the house of Dr. Subodh Singla on coming to know of arrival of his dead body to Moga. I did not go to his residence. There is no corroborative evidence to indicate the purpose for which Raghunath Rai was available at Bus Stand Ludhiana. This aspect assumes added importance in view of the statement made by PW-9 Smittar Singh that no bus ticket was recovered from the pocket of Raghunath from his personal search.
He too does not hold any office. Though he claimed to have been known to the police officials. he does not indicate the context in which he was familiar with the police. There again the prosecution
has not been able to place on record any material to prove what exactly prompted accused Raghunath Rai to open his heart before Smittar Singh.
40. By the very nature of things a culprit inclined to unburden his heart would reveal evidence of his inculpatory character only before a person who could either help him patch up things with the complainant party or to get him to the police and avoid the routine torture at the hands of the police. In the present case both these witnesses PW-7 Jagdish Paul and PW-9 Smittar Singh are common
people with no proven close relationship either with the family of the deceased or Raghunath Rai and Preet Mohinder Singh Jain accused and there also is no evidence to prove that they were in a position to exercise any influence over the police and to aid Raghunath Rai and Preet Mohinder Singh in any manner. In fact PW-8 (first informant/wife of the deceased) categorically averred that
the only relationship between her husband and those two PWs was that of a Doctor and patient and that neither my husband used to go their house nor they used to come to attend social functions of our family. We would accordingly hold that the reasoning indicated by the learned trial Judge in discarding the evidence pertaining to the extra-judicial confession was appropriate.
41. We however find force in the grievance of learned State Counsel to the extent it relates to the finding recorded by the learned Trial Judge qua (Preet Mohinder Singh Jain) in the context of charge
under Section 302 IPC. It may be noticed in the context that the appreciation of last seen evidence has to be preceded by the appreciation of evidence on the point of motive. That analysis in the first instance is compulsive in view of the fact that prosecution has not adduced any evidence to prove the exact commonness of mind on the part of Preet Mohinder Singh Jain and Raghunath Rai. They
do not belng to the same place. There was nothing common between them insofar as Dr. Subodh Singla is concerned. One of them is a resident of Chandigarh; while the other is resident of Panchkula.
They are not averred to be even remotely related to each other.
42. PW-8 (first informant) and PW-12 Parveen Kumar are the only two witnesses who claimed to have witnessed the loan transaction allegedly effectuated between the deceased on the one
hand and Raghunath Rai and Preet Mohinder Singh Jain on the other hand. That evidence does not inspire confidence qua Raghunath Rai. In that context it may be noticed that the first informant (PW-3) would want the Court to believe that amount was paid to Preet Mohinder Singh Jain in cash from the house. She was in that manner categorical that her deceased husband did not have to go anywhere to collect the cash amount which was paid by him from out of the funds available at his house. The first informant is completely falsified by PW-12 Parveen Kumar who testified that Dr. Subodh gave Mr. Jain Rs. 1 lac after getting the same withdrawn from the bank by visiting the bank with me and Mr. Jain. Prior thereto he had stated in the course of examination-in-chief that he was on a visit to Dr. Subodh Singla for consultation when he was introduced to one Mr. Jain who wanted to raise a loan from Dr. Subodh Singla. The obvious reference in the context was to Preet Mohinder Singh Jain. PW-12 Parveen Kumar does not at all make a mention of presence of Raghunath Rai.
We find his statement to be reliable. Insofar as PW-8 first informant is concerned she would appear to be indulging in some bit of padding to give out herself as a witness of the loan transaction afore-mentioned. On her own showing she is a lecturer in D.M. College Moga. As per prosecution presentation (in the statement of PW-8 herself) the loan transaction afore-mentioned had taken place at about 10.00 A.M. and those who visited her husband stayed over at the house of Dr.
Subodh Singla for about 1-1/2-2 hours. All through they sat in the lobby with Dr. Subodh Singla. She does not mention the presence of PW-12 Parveen Kumar. Obviously conscious of having had to
wriggle out of the predicament of explaining her presence during normal working hours of the college( when she would be expected to be out of the house and in the college) she averred that she has no fixed timimg and her presence is marked in the period which she takes in college. (I have got no fix timing. My presence is marked in the period which I take in the college). She claimed to have gone to the college on that date after 12.00 noon. She claimed to have taken the period of my classes. But she did not indicate the classes taken by her on that day. Her testimony does not inspire confidence at all. It is apparent to us in the circumstances of the case that the prosecution presentation is open to the charge of padding to the extent it relates to Raghunath Rai. Insofar as Preet Mohinder Singh Jain accused is concerned there is documentary evidence to prove that he had raised the loan from Dr. Subodh Singla. Ex. P1 is a cheque which bears the signature of Preet Mohinder Singh Jain. His malafides are otherwise apparent from the fact that he is not the holder of the account against which he had issued that cheque. It is in the evidence of PW-2 Balraj Arora (Manager Punjab National Bank Sector 33-A Chandigarh) that the account afore-mentioned is
in the name of Shefali Jain and that cheque (Ex. P1) could not be encashed as it did not bear the signature of the account holder.
There is nothing on record (either in the form of a suggestion in the course of cross-examination or in the statement under Section 313 Cr.P.C. of accused Preet Mohinder Singh Jain) that he had not
issued that cheque. Normally a person would not issue a cheque except in connection with either a commercial transaction or to repay a debt or as a gift or loan to the person in whose favour it is issued.
It is not even the defence plea that Preet Mohinder Singh Jain issued the said cheque as a gift to Dr. Subodh Singla or in the form of loan to the latter. The assumption endorsed by the law would be that he issued that cheque for the repayment of loan. The issuance of that cheque appreciated in the light of the fact that the last seen evidence in the statement of PW-8 first informant and PW-11 Ashok
Kumar Bansal is sufficient to nail accused Preet Mohinder Singh Jain on a charge under Section 364 IPC and also 302 IPC.
43. Before proceeding further it would be appropriate to notice two judicial pronouncements i.e. Sunny Kapoor Vs. State (UT of Chandigarh) 2006 (3) RCR (Criminal) 48 and Malleshappa Vs. State of Karnataka AIR 2008 Supreme Court 69 relied upon by the learned counsel for the appellants to criticise the validity of the last seen evidence. In Sunny Kapoor's case (supra) the last seen evidence was to the effect that deceased was last seen on 18.9.1999 at 7.30 P.M. and his dead body was found on the morning of 20.9.1999. The Apex Court declined to rely upon the last seen evidence on account of long intervening time and also the fact that it found the testimony of relevant witnesses untrustworthy. It noticed that the deceased a business man was not expected to go to a small tea shop to take tea and it was wholly unlikely that he would take tea together with a rickshaw puller. It would be absurd to suggest that he would go to a shop to take tea with all the appellants together who are all rickshaw pullers. He was a resident of Delhi.
There was hardly any likelihood that he would personally know the appellants herein. The Apex Court further found that the prosecution had omitted to the place on record the evidence to show
that rickshaw of the accused had been hired by the deceased.
Though the Investigating Agency had shown the recovery of two rickshaws it did not adduce evidence to prove title thereof. It was held that the appellant could not have in any case hired both the rickshaws which had been recovered by the Investigating Agency.
Apart therefrom the Court also held that the extra judicial confession made by the accused to a social worker with whom the former was unfamiliar was not reliable.
44. Insofar as Malleshappa's case (supra) is concerned the last seen evidence was to the effect that accused and the deceased were seen in each other's company on 12.7.2001 at about 8.00 P.M. and the dead body of latter was found floating in the Ghataprabha river on 21.7.2001. In that view of things the Apex Court found that there was no proximity of time and place and that singular piece of circumstantial evidence available against the appellant even if the version of PW-10 is to be accepted is not enough.
45. We would like to notice here that the last seen evidence in the statement of PW-8 first informant and PW-11 Ashok Kumar Bansal (brother-in-law of Dr. Subodh Singla and real brother of PW-8 first informant) is clear categorical and clinching to the extent it relates to Preet Mohinder Singh Jain. The latter is a resident of Moga itself. His shop is at a distance of about 100 yards from the house of Dr. Subodh Singla. He was on a routine visit to the house of his sister and had been there for about 10-15 minutes before Dr. Subodh Singla left the house in the company of Preet Mohinder Singh Jain and his alleged associate. As per his statement he advised Dr. Subodh Singla against accompanying those persons.
There is nothing unnatural in his being at the house of his sister at that point of time. It would require pertinent notice that there is no proof on the file that PW-8 first informant and her brother PW-11
Ashok Kumar Bansal had any inimical inclination towards accused Preet Mohinder Singh Jain or had any score to settle with him on account of which they would have been inclined to frame him in this case. The criticism directed at their testimony on the plea that they are relation witnesses is plainly misconceived. In the circumstances of the case it could be only the relation witnesses who would have been natural witnesses of the last seen evidence. We observe this in view of the close relationship between the first informant and PW-11 Ashok Kumar Bansal and also timing to which that evidence related.
46. We also do not find anything perverse in the manner of appreciation of evidence by the learned Trial Judge in the context of discarding of evidence adduced by DWs on point of proof of plea of alibi put forward by Preet Mohinder Singh Jain. The relevant observations made by the learned Trial Judge declining to rely upon the evidence have been noticed in para 32 of the judgment. We
would not like to suffer repetition as we find that the line of reasoning adopted by the learned Trial Judge is legally acceptable.
47. For proving the false implication of Preet Mohinder Singh Jain in case (DW-8 an Advocate practicing at Sangrur since 1981) was examined. He stated that Preet Mohinder Singh Jain accused
is son-in-law of an Advocate with whom he (DW-8) had been practicing for about 12 years. On 21.4.1995 he produced Preet Mohinder Singh Jain before Shri Narinder Pal Singh S.P. Moga
and also gave an application Mark E which bore the signature of Preet Mohinder Singh Jain accused.
As per him the application was marked to the S.H.O. for verification of the facts. Thereafter he and
Preet Mohinder Singh Jain were directed to go to Police Station City Moga. An official of the S.P.'s office accompanied them. It was thereafter that DW-8 produced Preet Mohinder Singh Jain accused
before SI Udik Chand at Police Station Moga. The presence of this witness at the relevant point of time is not proved on record. He conceded that his signatures do not appear on Mark E. Though he
conceded that it is not a part of duty of an Advocate to participate in police proceedings but he claimed to have done so in this case as Preet Mohinder Singh Jain was quite close to him. He conceded that he did not earlier come to know about the planting of cheque Ex. P1 upon that accused and this fact came to his notice on receipt of summons from the Court. It would appear fairly unnatural that the fact of issuance of cheque (Ex. P1) was not brought by the Preet Mohinder Singh Jain to the notice of this witness at an earlier point of time. In view of the statement of DW-8 that Preet Mohinder Singh Jain (being a son-in-law of his senior of more than a decade) was very close to him his statement that he did not render any professional help to Preet Mohinder Singh Jain whom he met twice or thrice whilst the latter was on bail does not appear to be natural. It is also in his statement that he did not lodge any complaint with any Court or higher authority against the false implication of Preet Mohinder Singh Jain in the case. We do not find the statement of this witness to be reliable. Narinder Pal Singh the then S.P. Moga was the best placed to own the production of Preet Mohinder Singh Jain and the presentation of application Mark E before him. If that application had been actually marked to the S.H.O. Police Station Moga for verification and he had deputed a police official to escort them (Preet Mohinder Singh Jain and DW-8) to the Police Station the receipt of application (for purpose of verification) must have been documented in the police record. It is interesting to notice that Preet Mohinder Singh Jain gave up Narinder Pal Singh and MHC Police
Station Moga by making an averment that being officials of police not expected to depose and having been won over. The cause for giving up them is apparently illogical. If the then S.P. had actually marked the application he would have had no option but to concede his endorsement on the application. Further if that application had been documented in the police record the MHC Police Station Moga would hardly have an option but to concede the factum of receipt thereof. It appears that Preet Mohinder Singh Jain shied away from examining them for fear of exposure of the falsity of the plea.
48. Insofar as Raghunath Rai accused is concerned we have already noticed that PW-12 Parveen Kumar did not at all name him as having accompanied Preet Mohinder Singh Jain at the relevant point of time. We have noticed the reasons for doubting the presence of first informant (wife of deceased) at the time that loan transaction had taken place as between Dr. Subodh Singla and Preet
Mohinder Singh Jain. The mere recovery of an attache case containing clothes of the deceased in pursuance of a disclosure statement cannot be said to be sufficient to prove the charge against Raghunath Rai particularly in view of the fact that the prosecution has not been able to prove that he had any relatability with Preet Mohinder Singh Jain accused which (relatability ) could have actuated him to be a party to the commission of impugned crime.
49. It is noticeable from the statement of PW-9 Smittar Singh the recovery afore-mentioned could have been effected even without there being a disclosure statement. Apart from the fact that none from the locality was joined at the time of effecting the recovery it is also in the testimony of PW-9 Smittar Singh that no information was given to the police at Ludhiana or at Panchkula before or after the recovery. He also testified that the house of Raghunath Rai was not locked at the time the police went over there to effect the recovery and that I did not notice if police had locked the house of Raghunath after the recovery. It is further interesting to note that this witness told the Court that his statement (under Section 161 Cr.P.C.) had been recorded at Ludhiana as well as Panchkula but the Public Prosecutor informed the Court that no such statement was available on record.
50. Learned counsel for appellants (Preet Mohinder Singh Jain and Raghunath Rai ) had a grievance that the testimony of first informant at the trial does not inspire confidence in view of her statement that I have not tried to find the time the place the manner and other related circumstances regarding the details of death of my husband. How could a lady in grief be in a position to find out the above details defies logical comprehension. That job is assigned by the law to the Investigating Agency.
51. The following conclusions are culled out on appreciation of evidence at the trial:-
i) The prosecution has been able to adduce reliable last seen evidence qua Preet Mohinder Singh Jain.
Further corroborative/incriminating evidence against him consists of his having issued cheque (Ex. P1) and there is complete want of evidence to prove that there was any other reason on account of
which he could have issued that cheque in favour of Dr. Subodh Singla.
ii) The last seen evidence against Raghunath Rai is not reliable particularly in view of the fact that he is not proved to have had anything to do with Preet Mohinder Singh Jain. The uncorroborated evidence pertaining to recovery of an attache case containing clothes of the deceased cannot be said to be sufficient to nail that accused on a charge of kidnapping and/or murder particularly when the alleged recovery was not attested by any independent evidence.
iii) The evidence pertaining to recovery of dead body also does not inspire confidence. It appears that
dead body of the deceased was recovered by the police in some manner other than the projection
made at the trial. 52. In the light of afore-mentioned discussion we allow the Criminal Appeal No. 25-DBA of 2000 filed by the State of Punjab to the extent it challenges the the exoneration of Preet Mohinder Singh Jain of a charge under Section 302 IPC. He shall stand convicted for an offence under Section 302 IPC and also Section 364 IPC.
53. We have also heard learned State Counsel and the learned counsel for Preet Mohinder Singh Jain on point of sentence.
Accused Preet Mohinder Singh Jain shall stand sentenced to undergo rigorous imprisonment for life for the offence under Section 302 IPC. The sentence awarded to Preet Mohinder Singh Jain by the learned Trial Judge for offence under Section 364 IPC is affirmed.
54. Criminal Appeal No. 726-SB of 1999 filed by Suraj Parkash Sunita Kumari and Gyatri Devi shall stand allowed. They are acquitted of the charges for which they were convicted.
55. Criminal Appeal No. 639-SB of 1999 shall stand allowed to the extent it pertains to Raghunath Rai. He (Raghunath Rai) is acquitted of the charges for which he was convicted. The Criminal
Appeal No. 639-SB of 1999 shall stand dismissed to the extent it pertains to Preet Mohinder Singh Jain.
( S. D. ANAND )
(ADARSH KUMAR GOEL)
SURINDER MOHAN DEEP Versus MANAGING COMMITTEE DAYANAND MATHRA DASS COLLEGE C.W.P. No. 10534 of 1999IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Surinder Mohan Deep .... Petitioner
Managing Committee, Dayanand Mathra Dass College (D.M. College), Moga and others ... Respondents
CORAM: HONBLE MR. JUSTICE ALOK SINGH
Present : Mr. Ravi Kant Sharma, Advocate for the petitioner
Mr. Vikas Kathuria, Advocate for respondents No. 1 and 2
Mr. Vikram Anand, Advocate for Mr. S.S. Narula, Advocate for respondent No. 4
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
ALOK SINGH, J. (ORAL)
Learned counsel for the petitioner states that despite of his best efforts he could not get any contact and instruction from the petitioner. Petition is dismissed for non-prosecution. However, liberty is granted to learned counsel for the petitioner to get it restore, if he is able to get instructions from the petitioner within 30 days.
Summary: DM College, Moga Punjab website, mobile, contact address and approval / recognition details.