JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.8.1991 passed by the Additional Sessions Judge, Faridkot, by which Jagjit Singh appellant has been convicted under section 302, Indian Penal Code, and sentenced to life imprisonment and to pay a fine of Rs. 1,000.00 and, in default of payment of fine, to undergo further rigorous imprisonment for three months; and the co-accused Chamkaur Singh and Amar of Kaur (son and wife respectively of the appellant) were acquitted.

(2.) The prosecution story, in brief, is as follows: Ajaib Singh P.W. 2 has six brothers and he used to reside with his brother Jagjit Singh and also to take meals at his house. His land was also used to be cultivated by Jagjit Singh. He performed Karewa marriage with Gurmel Kaur deceased 1-1/2 years prior to the occurrence. The previous husband of Gurmel Kaur had expired. He also brought the daughter of Gurmel Kaur, namely, Balwinder Kaur who was aged about 17.18 years. Thereafter, he separated his residence and cultivation from Jagjit Singh, and started living in the field of Jagjit Singh, his son Chamkaur Singh and his wife Amar Kaur had a grudge on that account. Jagjit Singh used to quarrel with Ajaib Singh P.W. and his wife Gurmel Kaur. About 11/2 months prior to the occurrence, the security proceedings were taken against both the parties. Ajaib Singh PW was irrigating his land near his residence in the fields. Jagjit Singh, Chamkaur Singh and Amar Kaur started abusing Ajaib Singh and thereafter they went to their house. Ajaib Singh P.W. started cutting fodder at a distance of about 11/4 kill as from him house. At about 10/11 a.m. when he was cutting the fodder, he heard a noise. Jagjit Singh armed with Kirpan. Chamkaur Singh armed with leahi and Amar Kaur empty- handed were going towards his house. Gurmel Kaur, wife of Ajaib Singh P.W. started running towards the village path out of fear and Balwinder Kaur started calling Ajaib Singh P.W. Balwinder Kaur and Ajaib Singh P.W. came to the rescue of Gurmel Kaur. Jagjit Singh appellant, Chamkaur Singh and Amar Kaur rounded up Gurmel Kaur and Jagjit Singh appellant gave a kirpan blow hitting on the head of Gurmel Kaur. Chamkaur Singh gave her two leahi blows from its reverse side. Gurmel Kaur fell down on receiving the injuries. Amar Kaur gave a lalkara that Gurmel Kaur should not be spared. Chamkaur Singh also gave a blow with the handle of the kahi to Balwinder Kaur hitting on her head. In the meantime, Bikkar Singh, brother of Ajaib Singh PW came towards the place of occurrence. Gurmel Kaur succumbed to her injuries at the spot. Ajaib Singh P.W. 2 along with Bikkar Singh went to lodge a report and met Assi5tant Sub Inspector Harbans Lal P.W. 8. Ajaib Singh P.W. 2 made a statement Exhibit PD which was read over to him and the thumb- marked the same after admitting its contents to be correct. The Assistant Sub Inspector made endorsement Exhibit PD/i and sent the same to the Police Station, Sadar Kot Kanura on the basis of which formal F.I.R. Exhibit PD/2 was recorded. Assistant Sub Inspector Harbans Lal along with Ajaib Singh PW went to the spot where Balwinder Kaur and Iqattar Singh were found present. He took in to possession blood stained earth from the spot, which was put into a dabbi and was sealed with the seal bearing letters TTHLT and taken into possession, vide memo Exhibit PN attested by Iqattar Singh and Head Constable Karaj Singh. He also prepared inquest report Exhibit PC in respect of the dead body of Gurmel Kaur and sent the dead body for postmortem examination through Constable Gurdev Singh with the request Exhibit PB to the doctor. He prepared site plan Exhibit PD. After the postmortem examination, Constable Gurdev Singh produced before him the cloths of deceased, which were taken into possession, vide memo Exhibit PR. On 29/1/1990 Assistant Sub Inspector Harbans Lal arrested Jagjit singh accused. On 31.1.1990 he interrogated Jagjit Singh in the presence of Head Constable Karaj Singh. On interrogation, Jagjit Singh accused disclosed that he had kept concealed kirpan in the heap of cotton sticks near his house and that he could get the same recovered. His statement Exhibit PK was recorded, which was thum-marked by him. Jagjit Singh accused got recovered kirpan Exhibit P-i from the place of concealment.

(3.) To prove its case, the prosecution examined Dr, K.K. Aggarwal P.W. 1 who had conducted the post mortem examination on the dead body of Gurmel Kaur and found the following injuries on it: