KANWALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 26.02.2002, passed by the Sessions Judge, Amritsar, vide which appellant Kanwaljit Singh has been held guilty for the commission of offence punishable under Section 302 IPC and accordingly convicted 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 a period of six months.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Jagtar Singh alias Kala which was recorded by Sub Inspector Balkar Singh, SHO, Police Station, Ajnala on 17.03.2000 at about 7:45 a.m. The complainant, in his statement, stated that his sister Paramjit Kaur was married with Kanwaljit Singh about one month back. After 6/7 days from the marriage, her sister, after living in her in-laws house, had come to meet them (complainant party) and told the complainant, his brother Balwant Singh and mother Balbir Kaur that right leg of her husband is weak and it does not function. She also told that her husband is disabled from leg and is not able to do work and he used to beat her. Then the complainant, his brother and mother counselled Paramjit Kaur stating that the marriages of the girls could not be solemnized again and she was sent to her in-laws' house. Due to this talk, there remained a dispute between husband (Kanwaljit Singh) and wife (Paramjit Kaur). On 17.03.2000 at about 6:00 a.m., Chowkidar of Village Dhariwal Kaler came to them (complainant party) and informed regarding the death of Paramjit Kaur. Upon this, complainant alongwith his mother Balbir Kaur, brother Balwant Singh and other persons of his relationship reached in the house of Kanwaljit Singh at Village Dhariwal Kaler and saw that the dead body of his sister Paramjit Kaur was lying on a bed inside the room. There were marks of strangulation on the neck and marks of electric shock on both legs of the dead body. The complainant further stated that Kanwaljit Singh committed the murder of his sister Paramjit Kaur on 16.03.2000 at about 4:00 p.m. by strangulation and by giving electric shock. When complainant, after leaving his brother-in-law Balwinder Singh and one Milkha Singh, Member Panchayat, at the spot for protection of the dead body, was going to police station to report the matter, on the way, police party met him and his statement was recorded. On the basis of statement of complainant, ruqa was sent to the police station pursuant to which FIR was registered on 17.03.2000 at about 8:05 a.m. Then Sub Inspector Balkar Singh, Investigating Officer, alongwith complainant and other police officials reached at the house of accused and found the dead body of Paramjit Kaur lying on the bed in a room. He inspected the dead body. There were marks of strangulation around the neck and marks of electric shocks on the legs of the dead body.

(3.) Investigating Officer prepared the inquest report Ex.PE of the dead body. He lifted broken pieces of glass bangles lying on the spot and the same after converting into sealed parcel, were taken into police possession vide recovery memo Ex.PH. Rough site plan Ex.PK of the place of occurrence was prepared. Dead body of Paramjit Kaur was sent for getting conducted postmortem examination. On 18.03.2000, accused was arrested from his house and was interrogated in his house in the presence of witnesses. The accused suffered disclosure statement regarding concealing of two electric wires in the big iron box lying in a room of his house and in pursuance thereof he got recovered the same which were taken into police possession vide recovery memo Ex.PM/1. Rough site plan Ex.PM/2 of the place of recovery was also prepared. Statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.