MUKAND SINGH ALIAS ROCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 9/9/2009, rendered by learned Sessions Judge, Faridkot, in Sessions Case No. 9 dtd. 20/2/2008, whereby appellant Mukand Singh alias Rocky, who was charged with and tried for the offence punishable under Sec. 302 of the Indian Penal Code (for short, Rs.IPC '), was convicted and sentenced thereunder to undergo imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand), and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) The case of the prosecution, in a nutshell, is that Harbans Singh made a statement before the police that he was a labourer by occupation and had five children. His eldest daughter Chhinder Pal Kaur was married to Bhinder Singh about ten years back. The husband of his daughter had gone to Doha Qatar, about two years ago. He along with his brother Kulwant Singh had gone to village Sivian on 22/12/2007 to meet his daughter Chhinder Pal Kaur. Harpreet Kaur, daughter of Chhinder Pal Kaur, fell ill, on the next day. At about 12.00 noon, Chhinder Pal Kaur brought her daughter to Faridkot for treatment, after leaving her son with them. At about 4.00 PM, Chhinder Pal Kaur informed the complainant through telephone that Mukand Singh alias Rocky had taken her along with her daughter to a road leading to village Machaki Mal Singh near the canal. He was forcing her to have illicit relations with him. The complainant brought this fact to the notice of his brother Kulwant Singh. They went to Faridkot. They got down from the bus on the bridge of the canal. They started proceeding towards Machaki Mal Singh. At about 5.30 PM, when they had just covered a distance of 2 1/2 kilometers, they noticed the accused giving beating to Chhinder Pal Kaur. Accused threw his daughter Chhinder Pal Kaur and her daughter Harpreet Kaur into the canal. The accused also fell into the canal. In the meantime, two persons came there on a Van. They tried to save them. However, the maternal grand-daughter of the complainant drowned. They took out Chhinder Pal Kaur out of the canal. She also died. Accused Mukand Singh came out of the canal himself. He was apprehended by the people. The dead body of Harpreet Kaur (maternal grand-daughter of the complainant) could not be traced out. The members of Sahara Club, Faridkot, took the dead body of Chhinder Pal Kaur to GGS Medical College, Faridkot along with the accused. Post-mortem examination was conducted. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Sec. 313 Cr.P.C. He denied the case of the prosecution. He examined one witness in his defence.