NIRMAL SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) THE judgment dated 29.1.2009 passed by learned Sessions Judge, Chandigarh, in Sessions Case No.21 of 7.3.2007 (FIR No.454 dated 16.11.2006 under Sections 302, 34 IPC, Police Station, Sector 34, Chandigarh), is the subject matter of challenge in the present appeal. THE learned Sessions Judge has found appellant-accused guilty for committing murder of his wife Malkiat Kaur and has sentenced the accused-appellant to undergo imprisonment for life and to pay a fine of Rs.5,000/-. In default of payment of fine to further undergo imprisonment for six months under Section 302 IPC.

(2.) THE prosecution version inter alia is that on 16.11.2009 Inspector Jagir Singh was present in Police Station Industrial Area, Chandigarh; at about 6.30 a.m. Surinder Singh along with accused Nirmal Singh and Ajit Pal Singh came to the police station; Surinder Singh stated that while he was returning to house at about 6.15 a.m. from morning walk, he saw accused Nirmal Singh, resident of H. No.557, Sector 32-A, Chandigarh, standing along with his son Ajit Pal Singh; both of them were perplexed. Surinder Singh gave them assurance of keeping every information divulged to him as secret and asked them to tell him what had happened. Ajit Pal Singh then confided in him that on 15.11.2006 at about 9.30 p.m. he and his father Nirmal Singh had murdered his mother Smt. Malkiat Kaur as the entire family was upset on account of her behaviour; accused were feeling ashamed from the neighbours and relatives; Nirmal Singh caught hold of Malkiat Kaur, when she was preparing the meal in the kitchen, and Ajit Pal Singh gave darat blow on her head and neck as a result of which she fell on the floor; his father told that she was still alive and on this Ajit Pal Singh gave more darat blows on her hand etc. and thereafter Malkiat Kaur died. Both the accused had requested Surinder Singh to produce them before the police; Nirmal Singh has supported the statement made by his son Ajit Pal Singh. Consequently, FIR was registered. THE body of deceased-Malkiat Kaur was recovered from the kitchen.

(3.) FEELING aggrieved, Nirmal Singh has approached this Court by way of present statutory appeal.