MANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Mander Singh has filed this appeal against the judgment dated 09.01.2008, passed by Sessions Judge, Bathinda, in Sessions Case No. 21 dated 20.04.2007, arising from FIR No. 108 dated 21.12.2006 under Section 302 IPC, registered at Police Station Sadar, Bathinda, whereby he has been convicted under Section 302 IPC for committing the murder of his wife Ram Rakhi Kaur 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 six months.

(2.) Brief facts of the case are that the FIR has been registered on the basis of statement of Veerpal Kaur, which was recorded by Inspector Sukhdev Singh, SHO, Police Station, Sadar, Bathinda on 20.12.2006 at about 11:30 p.m. In her statement, she stated that she is married with Pappa Singh, son of Mander Singh for the last 12 years. She is living alongwith her husband and children in one room of their house and her father-in-law Mander Singh son of Veer Singh, mother-in-law Ram Rakhi Kaur, sister-in-law Sandeep Kaur and brother-in-law (Dever) Jajji Singh and Jeera Singh are residing in another room adjoining to her room. There is small wall in the courtyard in front of the rooms and the courtyard is common.

(3.) One day earlier i.e. 19.12.2006 at about 6:00 p.m., the lights were on and at that time she, her mother-in-law, father-in-law and sister-in-law were present at home and the remaining family members had gone out of the house. Her mother-in-law and father-in-law were talking with each other in the courtyard. Her mother-in-law Ram Rakhi Kaur told her husband Mander Singh that they are not maintaining themselves and she may do some service (cow dung) with some farmer. On this, her father-in-law restrained her to do service with any person. Due to this, a quarrel arose between them. Her fatherin-law Mander Singh became angry and thrown her mother-in-law by catching her hair and molding her neck and then started giving kick blows. She and her sister-in-law have made a noise 'escape-escape' and then on hearing their alarm their neighbour Lachhu Singh came at the spot and they all rescued her mother-in-law and put her on the cot. On the next morning, she became serious. She was taken to Bakshi Hospital, Bathinda for treatment by her father-in-law Mander Singh alongwith Ram Dass Singh son of Sadhu Singh and Chhinder Kaur by arranging the vehicle. In the evening, her mother-in-law died and her dead body was brought at home by the accused, Ram Dass and Chhinder Kaur. Thereafter complainant alongwith her husband went to police station for giving the report. On the way, police party, who were standing at Bus Stand Chughe Kalan for patrolling, met the complainant and her statement was recorded by Inspector Sukhdev Singh. After recording the statement of complainant Veer Pal Kaur, the same was sent to police station by making endorsement, on the basis of which FIR was registered. Thereafter, Inspector Sukhdev Singh alongwith complainant Veer Pal Kaur and Pappa Singh reached the spot. Dead body of Ram Rakhi Kaur was lying in the house of accused. Due to odd hours, they started patrolling in the area and in the morning at about 7:00 a.m. he again reached the spot and prepared the inquest report on the dead body of Ram Rakhi Kaur. After identifying the dead body from Pappa Singh, husband of complainant and Krishan Singh, the same was entrusted to one Head Constable Sukhdev Singh and PHG Jagsir Singh for post mortem examination alongwith police request Ex.PB. On 21.12.2006, post mortem on the dead body of Ram Rakhi Kaur was conducted and the doctor found following injuries on her person:-