SUBROTO DEY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed against the judgment of conviction dated 20.01.2012 and the order of sentence dated 23.01.2012 passed by learned Additional Sessions Judge, Gurdaspur, ( for short learned trial court ) vide which Subroto Dey, the appellant was convicted and sentenced as under:- <FRM>JUDGEMENT_537_LAWS(P&H)9_2014_1.html</FRM>

(2.) The facts of the prosecution case, in brief, are as under:- On 27.11.2006 Balbir Singh, Sub Inspector received a telephonic message from Air Force Station, Pathankot that some firing incident had taken place in the residential quarters of the Air Force Station. On receiving this information he along with other police officials reached the hospital at Air Force Station, Pathankot where he recorded the statement of T.K. Shankran, the complainant, (Ex.PA) to the effect that on 27.11.2006 he along with his wife Premlata and daughter Reshma was in their Govt. Quarter No. 52/4 Air Force Station Pathankot. At about 6.00 AM, the quarter bell rang whereupon, the complainant woke up and opened the latch of the door. His daughter and wife also woke up . LAC S. Dey, who was serving in 18 Wing, ACH/G.D. Trade Air Force Station, Pathankot, then entered into his house, took out the revolver from his left dubb and shouted that if the complainant did not marry his daughter Reshma with him, then the entire family would be killed with the burst of bullets. His daughter on hearing this came out from the bed room and ran towards outside verandah. S. Dey also ran after her. On reaching in the courtyard, he started firing from his S & W .38 bore Revolver and one shot hit on the back of lower side of left shoulder of complainant's daughter. She fell down . Complainant and his wife Prem Lata raised hue and cry. On hearing Raula and sound of fire, neighbouring people gathered there. Then S. Dey threw away the revolver on the spot and lay down on the ground pretending a drama of shooting himself. Thereafter, complainant informed the hospital at Air Force Station, Pathankot from where Ambulance came and took his daughter to the hospital in the Ambulance, where the doctor declared her brought dead. This occurrence was seen by him as well as by his wife. The motive behind the occurrence was that about one month ago, S. Dey told him that he wanted to marry his daughter, but he had refused by saying that his daughter was underage and she was still studying. On 26.11.2006 S. Dey again threatened him that he was to perform marriage with his daughter Reshma, but the complainant told him that the same could not be done. On account of this reason, S. Dey came to his house and shot dead his daughter Reshma with the revolver.

(3.) After recording the statement, referred to above, SI Balbir Singh made his endorsement Ex.PA/1 and sent the same to the police station for registration of formal FIR through PHG Sham Lal. FIR Ex.PA/2 was recorded. Thereafter, SI Balbir Singh prepared inquest report Ex.PW in the hospital, where dead body of Reshma was lying. He recorded the statements of the witnesses. Request Ex.PC was made for conducting the post mortem examination of the dead body of Reshma.