JATINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Jatinder Pal Singh was convicted under Section 302 and was sentenced to undergo R.I. for life and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo further period of R.I. for 3 months. He was also convicted under Section 364 IPC and was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further period of R.I. for 2 months, whereas co-accused Dilsheet Singh and Amar Nath were acquitted of the charges framed as against them. Accused Jatinder Pal Singh has preferred the present appeal aggrieved by the conviction and sentence passed by the trial Court.

(2.) It is the case of the prosecution that Harmeet Kaur, daughter of complainant Gurcharan Singh (PW-1) left the house on 23.12.1998 at about 8.45 a.m. to attend a course in ITI, Nangal Township. PW-1 received a telephonic call on 23.12.1998 at about 11.30 p.m. from an unidentified person that Harmeet Kaur was admitted to Post Graduate Institute of Medical Education & Research, Chandigarh in an unconscious condition. He came to know that his daughter was kidnapped by accused Jatinder Pal Singh alongwith his companions when she was proceeding to ITI and was beaten mercilessly with an intention to kill her. Accused Jatinder Pal Singh had admitted his daughter in emergency ward of PGI, Chandigarh in a very serious condition. As the police had not registered a case based on the original statement suffered by PW-1 and the police had registered a case of 24.12.1998 based on the statement suffered by accused Jatinder Pal Singh as though it was a case of motor accident, he sent a complaint straight to the Sr.Superintendent of Police for initiating action.

(3.) Harmeet Kaur had succumbed to the injuries on 30.12.1998. PW-6 Dr.Dalbir Singh conducted the post mortem examination on the dead body of Harmeet Kaur on 30.12.1998 at about 4.15 p.m. He found that bleeding was present in the right ear. There was unhealed sutured lacerated wound in the pinna of right ear. There was also a contusion of reddish brown colour over lower right lateral abdomen and pelvis. Haemmorhage was also noticed. There was also fracture of pelvis bilateral superior and inferior of rami public bones. On further examination, it was found that there was contusion on right occipital frontal muscles in the scalp. There was a comminuted fracture of right temporal and frontal bone. There was also contusion of left temporal lobe. He alongwith a team of Doctors opined that the death was caused on account of brain contusion and internal ventricular haemorrhage as a result of head injury which was ante mortem in nature. He was very specific that the injuries could have been caused in a vehicular accident.