RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Ranjit Singh challenging his conviction and sentence under Section 302 of the IPC for having committed the murder of his wife on Ist September 1990 in the area of village Sandhwan, District Faridkot.

(2.) As per the prosecution story Gurtej Singh-PW.10 of village Sandhwan found the dead body of Gurmail Kaur lying in the house of the Appellant on the Ist September 1990. None of the family members of the Appellant were present in the house at that time but an electric wire was lying near the dead body. Gurtej Singh-PW. thereafter informed PW.3-Harjinder Singh-the brother of the deceased, who rushed to village Sandhwan accompanied by his son Mohan Singh and Sarpanch Harbhajan Singh. They found the dead body lying in the house. The matter was reported by Harjinder Singh to the Police Station at 5.30 a.m. on the 2nd September, 1990.

(3.) ASI-Sant Parkash (PW.14) thereafter reached the house of the Appellant in village Sandhwan. He recorded the inquest proceedings and sent the dead body for its post-mortem examination. He also picked up an electric wire 15 feet in length from the spot. The post-mortem examination conducted on the 2nd September at 1.45 by Dr. K.K. Agarwal revealed ten injuries on the dead body. The Doctor opined that the death had been caused by asphyxia due to strangulation. It was also opined that after the deceased had been done to death efforts had been made to electrocute her as well. During the course of the investigation it was found that Ranjit Singh - Appellant and his sisters Manjit Kaur and Baljit Kaur and grandmother-Gurcharan Kaur were also involved in the murder. Baljit Kaur and Manjit Kaur were accordingly arrested on the September 12, 1990whereas, as per the prosecution story, the Appellant was produced before the Investigating officer on the same day by PW.8 Geja Singh before whom he had made an extra judicial confession. A charge-sheet was also filed against Ranjit Singh, Baljit Kaur and Manjit Kaur whereas Gurcharan Kaur was shown in Column No. 2 but was subsequently summoned and sent up for trial on the basis of an application made under Section 319 of the Code of Criminal Procedure On appearance of Gurcharan Kaur charges under Section 302/34 of the IPC were framed against all the accused.