JEEVAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellant-Jeevan Lal against the judgment of conviction and order of sentence dated 1.11.2008 passed by Sessions Judge, Jalandhar, whereby he has been held guilty and convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for four months for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that on 9.10.2007, ASI Naresh Kumar was present in the Police Post, Dosanj Kalan and on receipt of telephonic call, he along with other Police officials reached the place of occurrence in Village Kale, where Tara Singh-complainant got recorded his statement. In the statement Ex.PB, Tara Singh-complainant mainly stated that his daughter Amandeep Kaur was married with Jeevan Lal about eight years ago and one daughter and one son were born from this wedlock. Her son-in-law was not doing any job and had always been compelling Amandeep Kaur to bring expenses from her parents and had been beating her for not bringing the same. The complainant further stated that he had also been helping her financially off and on. On 8.10.2007, his daughter Amandeep Kaur gave him a ring on telephone saying that her husband Jeevan Lal was beating her and saying to bring the expenses from him. She asked him to give advice to Jeevan Lal. After receiving telephonic call, the complainant reached Village Kale in the evening and advised Jeevan Lal to do some job. On 9.10.2007 at about 9.30 a.m., when the complainant had gone to bathroom, then his son-in-law Jeevan Lal after bolting the door from inside, was pressing the neck of complainant's daughter. His daughter was raising shrieks. On hearing the shrieks, the complainant saw through the window and noticed that Jeevan Lal had thrown his daughter on the ground after strangulating her and after unbolting the door ran away outside. The complainant further stated that he went inside and noticed that his daughter had died. Then he narrated the whole story on telephone to his son Daljit Singh and nephew Malkiat Singh.

(3.) On their arrival, the Police was informed on telephone. This statement of the complainant was completed at 4.00 p.m. on 9.10.2007. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR Ex.PB/2 was registered.