KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Kamaljit Singh has filed this appeal, who is aggrieved against the judgment and order dated 28.5.2009 passed by the learned Sessions Judge, Ludhiana vide which he has been held guilty for offences under Sections 302 and 201 of the Indian Penal Code (IPC' - for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months for the offence under Section 302 IPC. He has been further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 201 IPC. However, both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR (Ex.PE/2) was registered on the statement of Ashpinder Kaur, which was got recorded to SI Rachhpal Singh, SHO, Police Station Dehlon at 3.05 p.m. Ashpinder Kaur-complainant stated that her marriage was solemnized on 5.10.2005 with Kamaljit Singh. After their marriage, they lived at Village Jartauli for twenty days and thereafter, they used to live at Village Kalakh along with maternal grand-mother Bhagwan Kaur of her husband. Kamaljit Singh was a driver on a school van. On 17.7.2006, Kamaljit Singh left the complainant at her parental house at Rara Sahib, where she gave birth to a son, namely, Manjinder Singh on 6.8.2006. Rupinder Kaur mother-in-law of the complainant inherited some share in the land situated at Village Kalakh. After the birth of child, the complainant was taken from Rara Sahib by her father-in-law Harbans Singh and mother-in-law Rupinder Kaur. Her husband did not come to Village Jartauli because he was having a land dispute with his father Harbans Singh. Kamaljit Singh asked his father to transfer the land in his name but he offered less land which was not acceptable to him. One day before the occurrence, Sukhjit Kaur sister-inlaw of the complainant came to them and she called Kamaljit Singh to Village Jartauli where they continued to discuss the matter with each other till late night but the same could not be resolved. Complainant's father-inlaw said that he would transfer the land in the name of his grandson. They all went to sleep. On the day of occurrence at about 4.00 a.m., her husband Kamaljit Singh, her father-in-law and mother-in-law woke up. Kamaljit Singh took Manjinder Singh with him. They thought that he would be playing with him. After some time, they noticed that Kamaljit Singh was missing along with the child. She told her father-in-law, who searched for him but Kamaljit Singh had gone away along with their son Manjinder Singh on scooter by bolting the door from outside. Father-in-law of the complainant called Sarpanch Sikander Singh for going to Village Kalakh.

(3.) After one hour, husband of the complainant met them there. Her father-inlaw and Sarpanch asked him about Manjinder Singh, who replied that he had thrown his son in the canal at the bridge of Village Narangwal. It was alleged by her that her son Manjinder Singh had been killed by her husband Kamaljit Singh by throwing him in the canal and washed away the dead body. The motive behind this occurrence was that her husband was having dispute with his father regarding transfer of land in his name. Due to that he killed his son by throwing him in the canal. The complainant got recorded her statement to SI Rachhpal Singh, SHO, Police Station Dehlon, who along with other Police officials was present in connection with Naka Bandi' for checking of suspects at Dehlon Chowk. Ruqa' was sent to Police Station, Dehlon through Constable Ram Murti for registration of the FIR, on the basis of which formal FIR No.99 dated 4.10.2006 (Ex.PE/2) was registered by ASI Gurnam Singh for the commission of offences under Sections 302 and 201 IPC at Police Station Dehlon. Special report was sent to the Illaqa Magistrate through Constable Darshan Singh.