LAWS(P&H)-1990-8-162

BALDEV SINGH Vs. STATE OF PUNJAB

Decided On August 10, 1990
BALDEV SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Baldev Singh 29, was convicted under Section 302, Indian Penal Code, for the murder of Paramjit Kaur and under Section 309, Indian Penal Code, for attempt to commit suicide by the learned Sessions Judge, Hoshiarpur, by order dated June 4, 1988. Under the first count, he was sentenced to life imprisonment and a fine of Rs. 2,000/- in default of payment of which he was awarded one year's rigorous imprisonment. Under the second count, he was sentenced to one year's rigorous imprisonment. Both the sentences were made concurrent.

(2.) The prosecution case, in brief, is that Baldev Singh accused and Paramjit Kaur deceased were employees in the Market Committee, Dasuya. Paramjit Kaur, aged 29, was married to Dev Raj and was residing at village Jhinger Khurd. 5/6 Kms from Dasuya. She used to commute daily from her village to the place of her work at Dasuya on a bicycle. According to the prosecution, on May 27, 1987, Paramjit Kaur was going on her bicycle at about 10 a.m. She was being followed by Tirath Singh PW-3, younger brother of her husband, on his bicycle. When she reached near the P.W.D. Rest House, Dasuya, Baldev Singh suddenly emerged, lifted and took away Paramjit Kaur to the room of Parkasho and there dealt several blows with his small Kirpan Exhibit P-1. As a result of these blows, she fell down. Parkasho PW-4 and Jagan Nath PW-5 rushed to save Paramjit Kaur from assault. They tried to apprehend Baldev Singh. He inflicted injuries with the same kirpan to himself in an attempt to commit suicide. Both the injured were removed to the hospital. Paramjit Kaur succumbed to the injuries.

(3.) Tirath Singh PW-3 made statement Exhibit PG, on the basis of which the present case was registered at 11.45 a.m. S.I. Chaman Lal PW-8 reached the hospital. He prepared inquest report and sent the dead body for post-mortem examination. He then inspected the spot and lifted blood stained earth and blood-stained bed sheet, which was found spread on a cot inside the room of Parkasho. He also seized kirpan Exhibit P-1 stained with blood from the spot. He also took into possession two bicycles including one ladies' cycle with a tiffin carrier in the basket attached to the handle. He also prepared rough site plan of the place of occurrence. He found the accused at the place of occurrence. He had injuries on his person and was in a critical condition. The accused was sent to the hospital. the accused was later referred to Christian Medical College and Hospital, Ludhiana (for short, CMC, Ludhiana). After his condition improved, he was arrested on July 23, 1987.