SUKHPAL Vs. STATE

JUDGEMENT

(1.) Appellant Sukhpal has preferred the present appeal against the judgment and order on sentence dated 21.03.2011 and 02.04.2011 respectively passed by Ld. Addl. Sessions Judge, whereby he was convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with fine of ' 1000/-. The appellant was also convicted under Section 309 IPC and sentenced to undergo simple imprisonment for one year. Further, he was held guilty under Section 27 of the Arms Act and was sentenced to undergo imprisonment for three years with a fine of ' 500/-. All the aforesaid sentences were directed to run concurrently. In brief, facts of the prosecution case are as under :

(2.) On 07.05.2004 the appellant Sukhpal, his wife Salelta, daughter Pinki and sister-in-law Sulochna were in the factory of one Shabbir, their work place. At about 11.55 A.M. the police control room received information that two individuals had died near Swaroop Nagar, Kushik Road, Gali No. 2, Near Masjid. DD entry No. 9A was recorded in PS S P Badli and assigned to ASI Satpal for investigation. On reaching the spot ASI Satpal Singh found the body of a woman lying at the house of Shabbir i.e. at Gali No.2, Khadda Colony, Swaroop Nagar. He recorded the statement of Sulochna who was present at the spot. In her statement, Sulochna disclosed to the police that at about 11.00 A.M. Sukhpal was abusing his wife Salelta and threatening to kill her. Thereafter, Sukhpal pinned down Salelta and stabbed her on her neck and stomach taking out 'chura' from underneath his shirt. The appellant also stabbed himself with the said 'chura' and fell down. She raised an alarm and many people gathered there. Shabbir telephonically called the police. ASI Satpal Singh prepared rukka and got the present case registered. Necessary proceedings were conducted at the spot. Appellant was arrested and sent to hospital for his medical examination. The 'chura' was seized and a seizure memo Ex.PW6/A was prepared.

(3.) During investigation police recorded statements of concerned witnesses, sent the exhibits to FSL; collected the FSL report and MLCs as also post-mortem report of the deceased. After completion of the investigation, challan was filed against the appellant for the commission of offence punishable under Section 302/309 IPC in the court of Ld. M.M.