GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurmukh Singh son of Ajit Singh, his mother Pritam Kaur and father Ajit Singh have challenged the judgment dated 08.10.1997 passed by Additional Sessions Judge, Amritsar, who held Gurmukh Singh and Pritam Kaur guilty of offence under Section 307 IPC and Ajit Singh was convicted under Section 307 read with section 34 IPC. All the three appellants were also convicted for offence under Section 498-A IPC. The trial Court sentenced Gurmukh Singh and Pritam Kaur to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months under Section 307 IPC. Ajit Singh was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/-, and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 307/34 IPC. All the three accused appellants were also sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.100/- each, in default of payment of fine to further undergo rigorous imprisonment for one month, under Section 498-A IPC. All the sentences were ordered to run concurrently.

(2.) Appellants were named as accused in case FIR No.87 dated 22.05.1996 registered at Police Station City Patti under Section 307, 498-A/34 IPC.

(3.) In the present case, occurrence had taken place on 19th May, 1996. Gurmukh Singh was married with Kulwinder Kaur 4/5 years before the date of occurrence. Arjan Singh ASI, Police Station City Patti on 22nd May, 1996 received a medico legal report pertaining to Kulwinder Kaur, in which it was recorded that the patient has received five burn injuries on face, neck, chest, shoulders, on the breast and arms. On receipt of copy of medico legal report, ASI Arjan Singh sought opinion of the Doctor, who declared Kulwinder Kaur fit to make statement. Thus, on 22nd May, 1996 at 2.30 p.m. statement of Kulwinder Kaur Ex.PD was recorded by ASI Arjan Singh and on the basis of this statement formal FIR Ex.PD/2 was registered at Police Station City Patti.