KULBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two connected cases i.e. CRA No.S-65-SB of 2003 and CRR No.224 of 2003 arising out of the same judgment of conviction and order of sentence dated 23.12.2002 passed by learned Sessions Judge, Hoshiarpur, whereby the appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- under Section 316 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of four months.

(2.) Revision-petitioner Darshan Singh has filed CRR No.224 of 2003 for enhancing the sentence of the accused-respondent.

(3.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Rupinder Kaur, complainant, who was lying admitted in the Civil Hospital, recorded by ASI Balkar Singh on 27.05.2000 at 8.20 P.M. after obtaining opinion of the doctor regarding fitness of the injured. In her statement, complainant stated that she is residing in village Jandoli and is a housewife and her parents are residing in New Gobind Nagar, Hoshiarpur. She was married with Kulbir Singh about 2 years ago and is having daughter of 11/2 years old and she was again having 7/8 months pregnancy. She further stated that her husband used to quarrel with her on trivial matters. On 22.05.2000 at about 8.00 P.M. her husband quarreled with her and gave kick and fist blows in her abdomen after throwing her on the ground and as its consequence, she developed pain in her abdomen and little bleeding started. On 23.05.2000, her husband took her to her parental house and left her there for treatment. She continued getting treated from a private nurse. On that day, i.e. on 27.05.2000, her pain aggravated and her parents removed her to Civil Hospital, Hoshiarpur for her treatment, where she delivered a dead child in consequence of the beatings given to her by her husband Kulbir Singh. She also stated that beatings were given to her in presence of Gurmit Kaur, who rescued her. Inquest report was prepared. Post-mortem examination was got conducted on dead foetus. Spot was inspected on the next day.