CHATTAR PAL SINGH Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 24.1.2003 appellant Chattar Pal Singh has been convicted for the offence of having murdered his wife Laxmi Devi by firing at her with a pistol. He has been sentenced to undergo imprisonment for life and to pay a fine in sum of Rs. 10,000/-; in default of payment of fine he has been sentenced to undergo simple imprisonment for a period of 5 months. Appellant has also been convicted for the offence punishable under Section 27 of the Arms Act for which offence he has been sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine in sum of Rs. 1,000/-; in default of payment of fine he has been sentenced to undergo simple imprisonment for a period of 2 months.

(2.) It is not in dispute that on 2.9.2000 at about 7:00 PM Smt. Laxmi Devi received gun-shot injury while she was present at her matrimonial house bearing Municipal No. H-19, Harkesh Nagar. It is further not in dispute that Smt. Laxmi Devi was married to appellant Chattar Pal Singh for about 7-8 years prior to her death and from the said wedlock two children being a son and a daughter were born.

(3.) The learned Trial Judge has convicted the appellant for the offence of murder on the basis of an oral dying declaration made by the deceased to the police officials; namely SI Sunil Mittal PW-15, HC Jagat Kumar PW-14, HC Balwan Singh PW-3 and ASI Ramji Lal PW-2 who reached the spot on getting information of the crime. The dying declaration was made at the spot soon before the deceased, then lying injured was removed in the PCR van by ASI Ramji Lal PW-2. The recovery of a country made revolver Ex.P-1, stated to be the weapon of offence, at the instance of the appellant, pursuant to his disclosure statement Ex.PW-3/C has also been held to be further incriminating evidence. Though, a bullet was also recovered from the dead body of the deceased, but the pistol and the bullet could not be linked as the striation marks present on the bullet were insufficient for comparison. However, as per the FSL report Ex.PW-15/D, the bullet corresponded to the bullet of 8mm/.315" cartridge and could have been fired through a country made pistol like the one recovered at the instance of the appellant. For the purpose of establishing a motive for the crime, the learned Trial Judge has held that the testimony of the father of the deceased i.e. Shiv Charan Singh PW-7 and brother of the deceased i.e. Ranbir PW-8 prove a matrimonial dispute and discord between the appellant and his wife and hence the motive for the husband to kill the wife.