BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Bhola Singh against the judgment and order dated 11.1.1990 passed by the Additional Sessions Judge, Bhatinda, whereby he found him guilty and convicted him under Section 306, IPC and sentenced him to undergo R.I. for 3 years and fine of Rs. 500/-; in default of payment of fine he was further sentenced to undergo R.I. for three months.

(2.) BRIEFLY stated, the facts are that Smt. Kulwant Kaur (now deceased) daughter of Sunder Singh was marred with the appellant about 10 years prior to the occurrence. She had given birth to two sons out of the said wedlock out of which one had died. The appellant used to level false allegations against her character.

(3.) ON 19.1.1987 Bhagat Singh received an information through Railway control room that her sister Kulwant Kaur had set herself ablaze and admitted in the hospital. He along with his brother Santokh Singh went to the hospital and on enquiry Kulwant Kaur told them that she had set herself on fire as Bhola Singh was levelling false allegations against her character. Statement of Kulwant Kaur was recorded by ASI Sunder Singh. Her statement was also recorded by Judicial Magistrate Ist Class, Bhatinda. On the basis of her statement recorded by ASI Sunder Singh formal FIR Ex. PL/1 was recorded. Kulwant Kaur succumbed to her injuries on 24.1.1987 at about 6.30 A.M. in Rajindera Hospital, Patiala. Statements of the witnesses were recorded. After completion of the investigation, the present challan was put up in the Court of Judicial Magistrate Ist Class, who in turn committed the case to the court of Sessions.