JOGINDER PAL SINGH Vs. STATE

JUDGEMENT

(1.) Joginder Pal Singh, the appellant herein, was tried on the charge of killing his wife Gulshan Kumari. The learned Additional Sessions Judge who tried the case found tlie accused guilty of the offence under section 302 of the Indian Penal Code and sentenced him 'to death. There is a reference" for the confirmation of the death sentence. The appellant has also filed an appeal against his conviction and sentence. This judgment shall dispose of both the reference and the appeal.

(2.) The case for the prosecution is this, Satwant Kaur (P.W. 27) alongwith her two daughters Daljeet Kaur (P.W. 26) and the deceased Gulshan Kumari resided at Krishna Nagar. Amolak Singh, husband of Satwant Kaur, died sometime in 1978. After the death of Amolak Singh the burden to maintain and manage the family fell on the shoulders of Daljeet Kaur. Daljeet Kaur is a teadiei and she takes tuitions. Gulshan Kumari was married to Joginder Pal Singh on 19th December, 1981. (The accused does not admit the marriage with Gulshan Kumari). According to Daljeet Kaur after about 10 or 15 days of the marriage she paid a visit to the house of her sister Gulshun Kumari and she found inarks of burns on the face of Gulshan Kumari. The accused did not allow Daljeet Kaur to talk to her sister and Daljeet Kaur went back to her house. Kulshan Kumari came to the house of her mother on 20th February, 1982. On enquiry Gulshan Kumari told that the accused wanted her to transfer the plot of land in his favour, and to force her to do that he had touched hot iron rods on her face. She further told that she was forced to transfer the plot of land bearing No. 27-B, Ganesh Nagar in favour of the accused and she further was made to withdraw the money lying in the bank.

(3.) According to Daljeet Kaur a report was lodged with police station Krishna Nagar on 20th February, 1982 and thereafter in March, 1982 Gulshan Kumari filed a petition for divorce against: the appellant which is pending in the court of Shri R. D. Aggarwal. Additional District Judge. She further stated tliat a" case under section 107 of the Code of Criminal Procedure was registered against the accused at the instance of Gulshan Kumari in March, 1982.