SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sahib Singh appellant-accused has preferred the present appeal against the judgment and order of sentence dated 07.05.2008, passed by the Sessions Judge, Faridkot, vide which he has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under Section 302 IPC. However, Raju @ Bhindi has been acquitted.

(2.) Brief facts of the prosecution case are that FIR has been registered on the statement of Billu Singh, father of deceased Gurmit Kaur, who was married to Sahib Singh accused for the last about six years. No child was born to Gurmit Kaur. Sahib Singh was working as tractor driver at Sandhu Bricks, Tehna and Gurmit Kaur and Sahib Singh were living in the rooms built for the labour at the brick-kiln.

(3.) On account of the fact that no child was born, they used to quarrel with each other. On 07.05.2007, Bara Singh, brother of accused Sahib Singh, informed the complainant at his house at Sarai Naga that Gurmit Kaur had died at the brick-kiln for some reason and his brother Sahib Singh had brought her during the night at his house situated in Bakshish Nagar, Kotkapura. On receiving information, complainant Billu Singh alongwith his family members, one Iqbal Singh and some other persons of the village reached the house of her daughter at Kotkapura. They saw their daughter and noticed bluish contusions on her neck. They asked their son-in-law how these marks had occurred but they could not reply satisfactorily and went out of the house. Then after leaving his wife Amarjit Kaur and one Roshan Singh with the dead body of Gurmit Kaur, complainant alongwith remaining persons went to Sandhu Bricks. On inquiry, he came to know that Raju @ Bhindi, friend of Sahib Singh, had come to him for the last 3-4 days. Then complainant became sure that Sahib Singh in connivance with his friend Raju @ Bhindi had killed her daughter somehow by hanging or strangulating. The motive was to get rid of Gurmit Kaur so that Sahib Singh may re-marry. When the complainant alongwith Iqbal Singh was going to police station to lodge the report, on the way, he met the police party. His statement was recorded by Sub Inspector Hardeep Singh, SHO, Police Station Sadar, Faridkot. Ruqa was sent to the police station on the basis of which formal FIR was registered. Then the Investigating Officer alongwith the other police official, complainant and others reached Bakshish Nagar at City, Kotkapura at the house of accused Sahib Singh where the dead body of Gurmit Kaur was lying. He inspected the dead body of Gurmit Kaur with the assistance of Amarjit Kaur, mother of the deceased Gurmit Kaur and prepared inquest report Ex.P6. Dead body of Gurmit Kaur was sent for post-mortem examination to GGS Medical College, Faridkot. PW1 Dr.Gurmanjit Rai, conducted the postmortem examination on the dead body of Gurmit Kaur on 07.05.2007 at 9:30 a.m. and found following injuries on her person:-