AJIT SINGH Vs. STATE

JUDGEMENT

(1.) CONCEDING that through the testimony of Gurdev Singh PW-2, Ram Pyari PW-3, Jageer Kaur PW-4 and Jasbeer Kaur PW-7 it stands conclusively established that the appellant had fatally attacked his wife on 14.8.2002 at around 10:30 AM, learned counsel for the appellant restricts submissions qua the offence made out by the acts of the appellant.

(2.) GURDEV Singh is the brother-in-law of the appellant i.e. he is the real brother of the deceased, who happened to be the wife of the appellant. Ram Pyari is the mother-in-law of the appellant. Jageer Kaur is the daughter of the appellant. Jasbeer Kaur is the daughter of the sister of the deceased. The testimony of the 4 witnesses establishes that the appellant used to consume liquor and beat his wife. The wife of the appellant and her daughter had taken shelter in the house of the parents of the wife of the appellant and in the morning of 14.8.2002 the appellant wanted his wife to return home. She wanted an assurance that the appellant would stop drinking. Enraged by the refusal of his wife to return, the appellant picked up the handle of a hand pump and repeatedly struck blows therewith on his wife who died as a result thereof.

(3.) WE do not agree for the simple reason it is not in dispute that evidenced by the post-mortem report Ex.PW-13/A and the testimony of Dr.Sanjeev Lalwani PW-13 who conducted the post-mortem of the deceased 8 injuries were caused by the appellant as under:-