DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AROUND 8.30 A.M. on 29th December, 1986 Swaran Singh father of deceased Smt. Amrik Kaur alias Amriko made the following statement to S.I. Gian Chand of Police Post Verka in Amritsar district of Punjab State in respect of the occurrence. "I am a resident of Nangal Panuan and do labour work. About 20 years back, my daughter Amrik Kaur alias Amriko was married to Darshan Singh son of Shamir Singh, Mazhbi, resident of Fatehgarh Shukar Chak, Police Station Sadar Amritsar Five children in all were born from the womb of Amrik Kaur and loins of Darshan Singh and the sixth child was to be born in these days. Yesterday on 28th December, 1986, in the evening, my brother Charan Singh and I had gone to the house of Amrik Kaur at village Fatehgarh Shukar Chak in order, to see her. My daughter Amrik Kaur told that her husband Darshan Singh used to quarrel with her. At night any Juwai (son-in-law) Darshan Singh was :present at house. We advised him not to quarrel. My daughter Amrik Kaur, My Dohta (daughter's son) Pargat Singh, my son-in-law Darshan Singh, other small children and I slept in the residential house of my daughter Amrik Kaur. My brother Charan Singh slept with my Kuram (daughter's father-in-law) Shamir Singh. Today, at about 5/5.30 A.M. my son-in-law Darshan Singh got up from the cot and picked up a Loon Ghotna lying nearby and gave blows with it on the head of my daughter Amrik Kaur who was sleeping, on a cot, which hit on the left side of her head at two places in the middle of head and on the left car. She raised much hue and cry. My Dotra Pargat Singh and I took Darshan Singh into our grips. On hearing the alarm, my brother Charan Singh came to the spot. We all the three overpowered Darshan Singh at the spot and snatched the loon ghotna from him. I saw my daughter Amrik Kaur who had breathed her last. Leaving my brother Charan Singh and Pargat Singh at the spot. I have come to P. S. Verka to lodge a report. Action may be taken. My daughter Amrik Kaur told me in the evening that Darshan Singh used to beat her without any rhyme and reason. Last night, we advised him not to harass her. Due to this grudge, my son-in-law Darshan Singh has killed my daughter.

(2.) ON being charged With the commission of offences under Sections 302 and 316 of the Indian Penal Code solitary accused Darshan Singh pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 30th October, 1987 learned trial court convicted accused Darshan Singh of the commission of both the offences aforesaid. For his conviction under Section 302 of the Indian Penal Code convicted accused was sentenced to undergo imprisonment for life and to pay Rs. 5000/- as fine. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of one year. For his conviction under Section 316 of the Indian Penal Code, on account of having caused the death of full term male child in the womb of his wife Smt. Amrik Kaur deceased, the accused was awarded rigorous imprisonment for a period of five years and ordered to pay Rs. 1000/- as fine. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of six months. Both the substantive sentences of imprisonment awarded to the accused appellant were, however, ordered to run concurrently. Feeling aggrieved therefrom accused Darshan Singh has filed Criminal Appeal No. 39-DB of 1988 in this Court.

(3.) THE eye-witness account of the occurrence narrated by the father of the deceased and. father-in-law of the accused named Swaran Singh in the First Information Report was fully adhered to by him in the course of his deposition in court as P.W. 2. The witness stated, "Amrik Kaur since deceased was my daughter. She was married to Darshan Singh, accused now present in court today, about 20 years back. Out of the said wedlock five children were born to Amrik Kaur. My Amrik, Kaur. My daughter Amrik Kaur in a family way during the days of occurrence, and she was to deliver that child within, a day or two of the occurrence. About nine months back I alongwith my brother Charan Singh had gone to see my daughter Amrik Kaur at her husband's village Fatehgarh Shukar Chak. We reached the house of the accused that evening at about 6 P.M. :At that time Darshan Singh accused was quarrelling with his wife Amrik Kaur. We requested the accused not to quarrel with his wife. During the night I slept near my daughter and son-in-law Darshan Singh accused. Their children were also lying nearby in the same room. My brother Charan Singh slept with the father-in-law of Amrik Kaur in a separate room. At about 5 or 5.30 A.M. on the following morning the accused picked up that ghotna and gave four or five blows with that ghotna on the head of Amrik Kaur while she was lying on a cot. I raised alarm hearing which Pargat Singh son of Darshan Singh accused and my brother Charan Singh witnessed the occurrence. Myself and Pargat Singh caught hold I of Darshan Singh accused and were able to snatch the ghotna from him which was subsequently handed over to Charan Singh P.W. We then went near Amrik Kaur and found that she had already died.