MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Mohinder Singh, s/o Assa Singh, r/o Purana Bazar, Beas, District Amritsar against the judgment dated 18.05.2007 convicting the accused under Section 302 of the Indian Penal Code (for short "IPC") as also against the order of sentence of even date whereby he has been sentenced to undergo imprisonment for life on being found guilty of committing murder of a child of 9 months besides to make payment of Rs.50,000/- as fine and on failure to do so to undergo further imprisonment for two years.

(2.) The facts are that FIR No.12 dated 23.01.2006 was registered under Section 302 IPC at Police Station Beas on the statement of Bhupinder Kaur, w/o Surinder Singh, r/o Purana Bazar, Beas (Ex.PB). She stated that she was resident of Purana Bazar, Beas and was married with Surinder Singh, s/o Mohinder Singh accused in August 2001. She stated that after the marriage, some disputes led the couple to shift to Amritsar where she gave birth to a son Abhijit Singh in May 2005. About two months before the occurrence, Bhupinder Kaur and Surinder Singh shifted to the house of the in-laws in Beas and started dwelling with them jointly in a newly purchased house together with her mother-in-law Sukhwinder Kaur and brother-in-law Amardeep Singh, both accused. The complainant's husband Surinder Singh was a truck driver. On 23.1.2006 at about 7 PM when her husband was away to Amritsar, complainant Bhupinder Kaur was cooking dinner in the kitchen. She had with her, her infant son Abhijit whereupon Mohinder Singh accused rushed into the kitchen, forcibly snatched her infant son from her and took him into the courtyard, from where he exhorted that his son Surinder Singh is harassing the family on account of demand of money and had made their life miserable and therefore he would not spare the child.

(3.) Mohinder Singh accused strangulated the infant child and threw him to the floor. At that time, her husband Surinder Singh and her father Mukhtar Singh also reached home and saw the occurrence. The accused ran away leaving the child. It was stated that her son had been killed by accused Mohinder Singh in connivance with Sukhwinder Kaur and Amardeep Singh and in conspiracy with each other. The motive behind the occurrence was said to have been a demand of share of sale proceeds of the ancestral house voiced by Surinder Singh. After leaving her husband Surinder Singh near the dead body, Bhupinder Kaur along with her father were on their way to the Police Station when they met Nirmal Singh, Sub Inspector/SHO at the time on patrol duty before they could reach the police station. The complainant's statement was recorded there and formal FIR was registered setting the law into motion. Inquest proceedings were conducted after inspection of the murder spot and preparation of the rough site plan. Post mortem examination was thereafter conducted and the clothes of the deceased were taken into possession.