STATE OF PUNJAB Vs. AJAIB SINGH

JUDGEMENT

(1.) THE long and short of the prosecution case against the accused is that Smt. Iqbal Kaur (now deceased) was married to Ajaib Singh accused in the year 1966. Five children were born out of the marriage in 16 years. The two spouses, were, however, not adjusted properly. Wife Iqbal Kaur had been maltreated by her husband all along after marriage in her matrimonial home for bringing less dowry. Around 9.15 A.M. on April 13, 1983 father-in-law of the accused named Amar Singh and the cousin of his father-in-law named Baldev Singh had both come to the matrimonial home of the deceased to persuade her husband to desist from his continued course of action in harassing and maltreating his wife.

(2.) AFTER getting the advice from his father-in-law the accused found a hundred rupee note missing from the almirah. The deceased was getting ready for going to Baisakhi fair. The accused went to her and expressed his displeasure to her over her calling her father and his cousin to give him a piece of advice regarding their mutual treatment and also accused her of stealing the hundred rupee note aforesaid. Wife retorted by hurling a shoe on the accused and told him that she would tear off his beard in case the accused levelled false accusation of theft against her or quarrelled with her on a festival day. Accused took out a country made 12 bore pistol from the dub of his Chadra and fired a shot therefrom towards his wife Smt. Iqbal Kaur. The shot hit her in the chest and killed her instantaneously.

(3.) WE have heard Shri Randhir Singh, A.A.G. Punjab for the appellant State, Shri A.S. Khaira, Advocate, amicus-curaie and have also perused the relevant material on record very carefully.