BHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is by the husband of the deceased (Kamla) who has been tried and convicted for her murder vide order dated 31.1.2006 for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to suffer life imprisonment and fine of Rs. 5000/- for commission of offence vide order dated 4.2.2006 and in default of payment of fine to undergo further rigorous imprisonment for a period of two years. The period already spent in custody during investigation and trial was ordered to be set off against the substantive sentence.

(2.) As per the case of the prosecution, on the statement (Ex.PH) of Sulochana wife of Krishan, sister of deceased Kamla wife of Bhal Singh, recorded by Jarnail Singh, S.I. (PW13) on 19.3.2003 at Civil Hospital, Sirsa, formal FIR (Ex.PH/2) was recorded in which it was alleged that Kamla, sister of the complainant, was married to Bhal Singh (appellant) at village Karnoli, P.S. Sadar, Fatehabad. Complainant Sulochana was married with Krishan brother of Bhal Singh, her sister Kamla (deceased) had two sons and both the sisters were living separately. Appellant was addicted to liquor and was unemployed. The bread winner of the family was Kamla, who used to work as a labourer but appellant had suspicion about character and used to beat her. On 19.3.2003, Sulochana with her sister returned home from the fields after cutting grass (fodder) and came to the house of her sister Kamla, where she was preparing tea for her, complainant Sulochana was washing clothes, in the meantime, appellant Bhal Singh came there armed with Kassi (spade) and gave Kassi blow on the neck of Kamla. Sulochana made hue and cry on which Bhoop Singh son of Ram Chander and Jagga son of Ram Chander residents of the same village reached there but on seeing them the appellant ran way with the spade.

(3.) The appellant was arrested on 20.3.2003 and got recovered Kassi (spade) which was sealed and taken into possession vide memo Ex.PR. On 22.3.2003, Kamla succumbed to her injuries in the Civil Hospital, Sirsa. The inquest proceedings were carried out by ASI Rajinder Singh (PW7).