SAWINDER SINGH @ SHINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant preferred the present appeal aggrieved against the judgment of conviction and order of sentence dated 13.07.2009 passed by the learned Additional Sessions Judge, Amritsar, whereby he was convicted for an offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5000/-. In the event of default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for one year.

(2.) The prosecution case was set in motion on the statement of Labh Singh, brother of the deceased Manjit Kaur @ Jinnie, made to SI Santokh Singh on 10.07.2008 at about 12.00 noon. In his statement (Ex.PI), Labh Singh stated that marriage of his sister Manjit Kaur @ Jinnie was solemnized 11 years back with Sawinder Singh @ Shinda s/o Jarnail Singh, resident of Village Nangli the present appellant. He stated that out of the said wedlock, two daughters namely Pooja and Nitu were born, however, Pooja died when she was 7 years old. Sawinder Singh @ Shinda used to quarrel with her sister and that he used to intervene and settle their disputes. He stated that Manjit Kaur told him that Sawinder Singh @ Shinda had affair with a lady and that is the reason of quarrel. Last night, his brother-inlaw Sawinder Singh @ Shinda told him telephonically that his sister Manjit Kaur was seriously ill, but she died on the way while he was taking her to Nagi Hospital for treatment. Thereafter, he contacted him (Sawinder Singh @ Shinda), who told him to come to his house, as he had brought the dead body to the house. Since it was late night, he could not go to the house of his sister. On the next morning, he along with his uncles namely Pritam Singh and Gulzar Singh, went to his sister's house. He further stated that he is fully confident that his sister died because of beatings given by her husband Sawinder Singh. On the basis of such statement, DDR (Ex.P13) was recorded at about 12.30 PM on 11.7.2008.

(3.) Thereafter, the dead body of Manjit Kaur was sent to the Department of Forensic Medicine Government Medical College, Amritsar through HC Parminder Singh and HC Charanjit Singh for post-mortem examination. The post mortem examination was conducted by PW-9 Dr. Asitesh Bajwa on 10.07.2008. Dr. Asitesh Bajwa noticed three injuries on the person of Manjit Kaur and opined that the cause of death was asphyxia as a result of smothering, which was sufficient to cause death in the ordinary course of nature.