PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellant-Piara Singh against the judgment of conviction and order of sentence dated 11.12.2001 passed by Sessions Judge, Fatehgarh Sahib, whereby he has been held guilty and convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Pritpal Kaur complainant/eye witness, who stated in her statement that her daughter Kamlesh Kaur was married about six months back with Piara Singh. Her daughter Kamlesh Kaur and son-in-law Piara Singh had come to her house on the eve of 'Karva Chauth' at Gobindgarh on 24.10.1999 and they had to go back to their home at Jammu on that day and due to some reason they quarreled at 4.00 a.m. and were talking at a loud pitch and on hearing their 'Raula' she and her daughters Rajwant Kaur and Santosh Kaur woke-up. When they went inside the room, where Piara Singh and Kamlesh Kaur were sleeping, they saw that Piara Singh had caught hold of Kamlesh from her long hair and was dragging her towards the store. They tried to rescue Kamlesh and in their view Piara Singh with an intention to kill her picked up a 'Kirpan' lying in the store and thrust the same in the abdomen of Kamlesh. As a result of the injuries, her daughter started bleeding profusely, became unconscious and fell down. Piara Singh then aimed the 'Kirpan' towards the complainant and her daughter Santosh and they came step backward due to fear and in the meantime Piara Singh ran away along with 'Kirpan'. They raised 'Raula on hearing of which their neighbours Keemat Singh and Nagina Singh attracted to the spot. After arranging vehicle, the complainant, Keemat Singh and Nagina Singh brought Kamlesh to Civil Hospital, Mandi Gobindgarh where Kamlesh died. It is also stated by the complainant that prior to the occurrence Kamlesh oftenly used to tell her that her husband used to say that she was a loose character lady and not obeying his orders. As per narration of her daughter, Piara Singh earlier tried to eliminate her and he used to beat her. Many times the complainant and her relatives tried to understand him and even her daughter Kamlesh told her that her husband used to put forth the demand of cash amount and scooter and she being a widow lady could not meet his demand. After leaving Keemat Singh and her daughter at the spot to guard the dead body when Pritpal Kaur was coming along with Nagina Singh to report the matter to the Police, the Police party met and her statement was recorded on 29.10.1999 at 7.05 a.m. by Paramjit Singh, SI/SHO, Police Station Gobindgarh. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.

(3.) Then the Investigating Officer went to Civil Hospital, Gobindgarh and examined the dead body. Inquest report Ex.PE was prepared. The Investigating Officer inspected the spot and dead body was sent for post-mortem examination. Statements of witnesses were recorded. Blood stained earth was lifted and taken into Police possession after preparing sealed parcel. Blood stained 'chaddar' etc. were also taken into Police possession. On 8.11.1999, Charanjit Singh PW-5 produced accused Piara Singh before the Investigating Officer. The accused was arrested. On interrogation, the accused made disclosure statement regarding concealing of 'Kirpan' and in pursuance of his disclosure statement, he got recovered 'Kirpan', which was taken into Police possession after preparing sealed parcel. The accused also in pursuance of his disclosure statement, got recovered his shirt and 'Pajama' stained with blood which were also taken into Police possession after preparing sealed parcel. Post-mortem on dead body was got conducted on 29.10.1999. After necessary investigation, the challan was presented before the Court.