MOHAMMED MOFIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge herein is to the judgment of learned Sessions Judge, Ropar, dated April 10, 1990, vide which she convicted and sentenced the accused-appellant Mohammed Mofil as under: Under Section Sentence 302, I.P.C. Imprisonment for life and to pay a fine of Rs. 2,000.00. In default undergo R.I. for one year. 376, I.P.C. R.I. for 7 years 449, I.P.C. R.I. for 5 years All the sentences were ordered to run concurrently.

(2.) The facts leading to this unfortunate incident can be stated like this; Maharaj Bahadur Singh (P.W. 4) who is the complainant has been working as Deputy Director, Colonisation, Punjab, Chandigarh, and was residing in House No. 334, Phase IX, Mohali, along with his wife Parupkar Kaur (now deceased). They had no children. The sanitary system of their house was not in order for about 15 days prior to the incident. Accordingly Bir Chand Goyal (P.W. 7) who was dealing in sanitary and building repairs was contacted and the said Bir Chand sent Mohammed Mofil accused to the house of the complainant for repairing the sanitary disorder. On the first day the accused examined the faults and after 213 days he came with the necessary articles and repaired the sanitary system of the house of the complainant, in the presence of the complainant and his wife.

(3.) The prosecution further alleges that on 3/5/1989, complainant Maharaj Bahadur Singh returned to his house from the office at about 5.15 p.m. His brother Jagdev Singh (P.W. 5) was with him. A cycle belonging to the accused was found standing outside his house. He found outer door of his house bolted from inside. No response came from inside after he rang up the bell. The complainant still further knocked the door of the house with force but even then nobody opened it. Narinder Singh who is neighbour of the complainant was asked by the complainant to see through the joint wall as to what the matter was. Abruptly the accused came out from the side of the wall and ran away after picking up his cycle. The complainant and his brother Jagdev Singh tried to apprehend him and chased him for the purpose but the accused managed to escape through the streets. Narinder Singh was asked to jump over the wall. On doing so, Narinder Singh went inside and told the complainant and his brother Jagdev Singh that wife of the complainant was lying dead in pool of blood in the drawing room. On entering the house both-the complainant and his brother, found Parupkar Kaur lying dead with injury on her neck. A muffler belonging to the accused was also found lying on a sofachair. The string of the salwar of Parupkar Kaur was also found untied.