KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against order of conviction and sentence dated 04.02.2009 convicting the appellant under Section 302 IPC and sentencing him to undergo RI for life with fine of '5,000/- and in default of payment of fine, further RI for a period of three months. However, the period of detention during investigation and trial of the case was ordered to be set off while calculating the total period of sentence.

(2.) Deceased Jagjit Kaur @ Najo wife of GurdevSingh registered the FIR (Ex.PM/2) in which she alleged that she is a housewife having daughter Manjit Kaur and son Gurjit Singh, who are both married and living separately. She developed illicit relations with Kulwant Singh son of Hakam Singh (appellant) and started living with him, but on persuasion of her husband, relatives and Panchayat, came back to village Ghamnewal in the month of June, 2006 and started living with her family, but the appellant used to visit her off and on despite her objection. On 02.11.2006, at about 12.45 p.m., the appellant came on scooter and asked her to join him. On her refusal, he asked for returning the money and gold ear rings which were given by him to the deceased. The deceased refused to accompany him, on which he started extending threats of killing her and brought a big plastic bottle from his scooter and poured Acid on her at once, causing burns to her eyes, body and clothes. On raising hue and cry, her neighbour Mohinder Kaur W/o Resham Singh and Gurdev Kaur W/o Balwant Singh reached at the spot and sent a message to her husband who arranged a vehicle and took her to Pahwa Hospital, Hambran where she was given first aid. The reason behind this occurrence was that Kulwant Singh wanted to carry the deceased forcibly but she had refused. It is also alleged that at the time of occurrence, her daughterin-law Charanjit Kaur W/o Gurjit Singh looked after her.

(3.) The prosecution examined Dr. B.S.Bhogal (PW1), Dr. Geeta (PW2), Charanjit Kaur (PW3), Sh. Satish Kumar Sharma, Draftsman (PW4), HC Harmesh Kumar (PW5) who tendered his affidavit (Ex.PH), Constable Ravi Kumar (PW6) who tendered his affidavit (Ex.PJ), Gurdev Singh (PW7), ASI Jagmohan (PW8), Dr. T.S.Julka (PW9), Dr. R.S.Cheema (PW10) and the reports of Forensic Science Laboratory were tendered as (Ex.PV) and (Ex.PX). In the statement recorded under Section 313 of the Code of Criminal Procedure, 1973, the appellant pleaded his innocence. He also examined Hardev Kaur (DW1) in his defence. The deceased was initially medico-legally examined by Dr. T.S.Julka (PW9), who stated that the deceased was brought to his hospital with acid burn injuries on 02.11.2006 at 1.35 p.m. She had suffered 80% burns and was referred to Civil Hospital, Jagraon vide (Ex.PU). Thereafter, she was medico-legally examined by Dr. B.S.Bhogal (PW1) at Civil Hospital, Moga on the same day. PW1 stated that the deceased was brought by Jagir Singh, Gurdev Singh and the village Sarpanch and on her examination, found the following injuries: