KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the appeal is to the legality and propriety of judgment of conviction and order of sentence dated 31.05.2005 passed by the Learned Sessions Judge, Sirsa in Sessions case No. 69 of 2003, emanating from F.I.R. No. 240 dated 10.06.2003, whereby, the appellant was convicted for commission of offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 30,000/-. In default of payment of fine to further undergo rigorous imprisonment for a period of 18 months.

(2.) On 09.06.2003, Om Parkash, his mother and his children were away to village Sheranwali in Punjab to attend the marriage of sons of the sister of his mother. Harchand, Anusuiya (daughter of Harchand) and Promilla (sister's daughter of Harchand), remained at the house of Harchand at village Bharolianwali. On 09.06.2003 at about 2-3 p.m., Kuldeep Singh (appellant) uncle of Om Parkash, gave a beating to his wife (Rajo Devi). Thereupon he was rebuked by Harchand and Rajo Devi was rescued. After some time, on 09.06.2003 on account of a quarrel between Kuldeep Singh (appellant) and his wife (Rajo Devi), the former committed the murder of latter with a spade and then he came to the house of Harchand and committed his murder also with a spade. Om Parkash, on having learnt about the murder of his father (Harchand) and aunt (Rajo Devi), returned to his village Bharolianwali where his sister (Anusuiya) narrated the entire occurrence to him and she also told him that she herself, Promilla and Shakuntla, on seeing Harchand had become unconscious.

(3.) Aforementioned statement (Ex. PK) of Om Parkash was recorded by SI/SHO Panjab Singh of Police Station Rania at General Hospital, Sirsa, who sent the same to the Police Station with his endorsement Ex. PK/2 thereon which formed the basis of formal F.I.R. (Ex. PK/1). S.I. Panjab Singh also went to General Hospital Sirsa on 09.06.2003 on receipt of verbal transmission message from Police Station City Sirsa regarding the admission and death of Harchand and he also collected ruqas (Ex. PB & Ex. PC) from Police Station City Sirsa. He prepared inquest report, Ex. PH/1 on the corpse of Harchand and Ex. Ex. PE/1 on the corpse of Rajo Devi at General 1 Hospital Sirsa. Later, he sent the dead bodies for autopsy vide applications Ex. PH and Ex. PE.