KARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Karan Singh son of Harchand Singh, resident of Village Naraingarh Channa, District Fatehgarh Sahib, filed this appeal to challenge the judgment of conviction dated 11.7.2006 and order of sentence dated 13.7.2006 passed by Sessions Judge, Fatehgarh Sahib, arising out of FIR No. 41 dated 10.6.2003 under Section 302 IPC. By the said judgment, he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to further undergo RI for six months.

(2.) Prosecution story, in brief, is that Major Singh, complainant, is the father of Amandeep Kaur (deceased). 3-1/4 years before the occurrence, Amandeep Kaur was married with Karan Singh son of Harchand Singh, resident of Village Naraingarh Channa, and from this wedlock, she had one son, namely, Jugraj Singh, aged about 2-1/4 years. One year earlier to the occurrence, Karan Singh had borrowed Rs. 70,000/- from Major Singh to repay the debt after family partition. Rs. 70,000/- was arranged from the Commission Agent, but despite payment of Rs. 70,000/-, Karan Singh used to pressurise Amandeep Kaur to bring more money. Amandeep Kaur requested Karan Singh to return the earlier payment, then he gave beatings to Amandeep Kaur. Due to this reason, on 9.6.2003, Major Singh and his nephew Joga Singh son of Nachhatar Singh, resident of Mohan Majra, had gone to the house of Karan Singh. At about 8.30/8.45 PM, Major Singh and Joga Singh, after taking meal, were sitting in the verandah. Karan Singh and Amandeep Kaur were inside the room. There was some altercation amongst Karan Singh and Amandeep Kaur. Karan Singh was compelling Amandeep Kaur to bring more payment. Then Amandeep Kaur replied that her parents had already paid Rs. 70,000/- and the amount was not returned. Now they are unable to pay more money. Karan Singh was requested to arrange money from his parents, then he felt offended and picked up a small gandasi lying in the room and gave blow on the head of Amandeep Kaur. Second blow was given on the left side of face on cheek of Amandeep Kaur. On receipt of blows, Amandeep Kaur fell down. Major Singh and Joga Singh made an effort to save her. Then Karan Singh gave another blow hitting on the right side of her cheek. Two more blows were given on the forehead of Amandeep Kaur. Raula was raised, then Karan Singh had fled away from the spot with gandasi. On hearing raula, father, mother, and uncles of Karan Singh, and several other villagers came to the place of occurrence. After arranging vehicle, Amandeep Kaur was got admitted in Rajindra Hospital, Patiala. After first aid by the doctor, Amandeep Kaur was referred to PGI, Chandigarh, but she was being shifted to DMC, Ludhiana, for treatment. Near Dholewal Chowk, Ludhiana, Amandeep Kaur had succumbed to her injuries. Dead body was brought back to Village Naraingarh Channa. Motive to murder was that Karan Singh was compelling Amandeep Kaur to bring more money from her parents, but she had refused to bring money Relatives were deputed to guard the dead body. Major Singh had met police party near turning point of Village Jakhwali Channa, where his statement (Ex.PA) was recorded by SI Surjit Singh. After making endorsement at 8.30 AM, statement was sent to the police station, on the basis of which, formal FIR was recorded at 8.50 AM. Special report was handed over to the Ilaqa Magistrate at 8.30 PM on 10.6.2003. SI Surjit Singh along with party had gone to the spot. Photographer was arranged through PHG Lakhvir Singh. Photographs of the dead body and scene of occurrence were got clicked. Inquest report (Ex.PC) was prepared. Rough site plan with correct marginal notes (Ex.PW15/C) was prepared. Blood stained earth was lifted from the spot and made into a sealed parcel. Sealed parcel was taken into police possession vide memo (Ex.PD). Finger Print Expert and Dog Squad were summoned to the spot but no clue could be lifted. Dead body was sent to hospital for postmortem examination. After postmortem examination, dead body was handed over to the relations of the deceased for cremation. On return to the police station, case property was deposited with the Incharge of Malkhana.

(3.) On 11.6.2003, investigation of the case was with ASI Malkiat Singh, who along with police officials had raided the house of the accused, but he was not available. Police party was present near Bus Stand, Jakhwali, then received secret information that accused was present near Bus Stand, Nandpur Kesho. Raid was conducted. Accused was arrested on 11.6.2003. On 13.6.2003, accused was interrogated and in pursuance of disclosure statement (Ex.PE), he got recovered his shirt and pyjama from the specified place. Clothes were taken into police possession vide memo (Ex.PF) attested by the witnesses. On return to the police station, case property was deposited with the Incharge of Malkhana. On 15.6.2003, again accused was interrogated and in pursuance of disclosure statement (Ex.PW13/G), he got recovered gandasi from the specified place. Sketch of gandasi (Ex.PW13/H) was prepared. Gandasi was taken into police possession vide memo (Ex.PW13/J) attested by the witnesses. After completion of investigation, challan was presented in Court against accused-Karan Singh.