MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant preferred the instant appeal aggrieved against the judgment of conviction and order of sentence dated 13.06.2009 passed by the learned Sessions Judge, Patiala, 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.20,000/- for culpable homicide amounting to murder of his wife Smt. Pappi.

(2.) The prosecution case was set in motion on the statement of Pappi (since deceased) wife of Mohinder Singh-appellant made to ASI Bhagwan Dass, who reached Rajindra Hospital, Patiala on receipt of information Ex.PW9/A regarding admission of Pappi, on 16.09.2007 at about 6.50 PM. In her statement (Ex.PD), Pappi stated that she got married to Mohinder Singh about 8/10 years ago and blessed with a daughter namely Suman, aged about 4 years. She further stated that her husband Mohinder Singh is a habitual drunker and gambler and that he was not doing any work for livelihood. Whenever she objects her husband from taking liquor or from playing gambling, he used to give her beatings. After beatings, she left for her parental home, but their relatives and friends took her to in-laws house. She further stated that today i.e. 16.09.2007, when she along with her mother-in-law namely Safi Bai reached at home from Rajpura after taking medicines, her father-in-law demanded meal, whereupon she replied that she is tired and asked her father-in-law to ask for meals from other two daughters-in-law. It was at about 11.00 AM, her husband started beating her and dragged her in a room and thereafter sprinkled kerosene oil on her and sat her on fire by saying that he would bring to an end day-to-day problems.

(3.) She raised hue & cry upon which neighbourers came at the spot and wrapped her in a blanket and extinguished the fire. Thereafter, she was got admitted in the Government Hospital, Samana by her husband at the instance of neighbourers from where she was referred to Rajindra Hospital, Patiala. She further stated that her husband put her on fire with an intention to kill her. On the basis of such statement, ruqa (Ex.PD/A3) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PD/B) was lodged at about 8.05 PM on the same day.