ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Zile Singh has preferred the present appeal against the judgment dated 03.01.2008 and order of sentence dated 04.01.2008 vide which he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under Section 302 IPC.

(2.) Brief facts of the prosecution case are that on 30.08.2006 at about 11:00 a.m., Zile Singh asked his wife Bimla Devi to bring the fire wood after cutting kikar trees from the jungle situated near Thakeria wala pahar (hill). Zile Singh took axe lying in the house and went away alongwith his wife Bimla Devi. When after passing of sufficient time, they did not return home then at about 3/3:30 p.m., their sons Jitender complainant and Bhupender and brother of Zile Singh namely Ashok went in search of them towards the jungle. After searching for a long time, Bimla was found soaked with blood and was crying in the thick kikar trees near the hills. When complainant Jitender inquired from his mother about the injuries, she told that his father Zile Singh after bringing her there raised argument for a long time and alleged that she was characterless and he had brought her here to finish her and saying so he gave 3-4 axe blows on her head.

(3.) Due to injuries, she fell on the earth and crying but nobody came on hearing her noise. She also told that his father ran away after causing injuries. Then Jitender, Bhupinder and Ashok arranged a vehicle and when they were bringing Bimla to Civil Hospital, Bhiwani for treatment, she breathed her last on the way. It is also the prosecution version that earlier also Zile Singh used to pick up quarrel with Bimla for demanding money for taking liquor and used to say that on finding an opportunity, he will kill her. On receiving telephonic information, Sub Inspector Vikram Singh, Police Station Tosham alongwith police official reached Government Hospital, Bhiwani for conducting proceedings where Jitender complainant met and got recorded his statement at 8:15 p.m. on 30.08.2006. Ruqa was sent to the police station on the basis of which FIR was registered. Statements of Ashok and Bhupinder were also got recorded. Inquest report Ex.P11 was prepared. On 31.08.2006, Investigating Officer went to village Dharan alongwith Bhupender and Jitender and inspected the spot. Rough site plan of the place of occurrence was prepared. Blood stained earth was also taken into possession after preparing sealed parcel vide memo Ex.P19. Postmortem on the dead body of Bimla was got conducted.