BHAGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHAGAT Ram has filed this appeal against the judgment and order 5.3.2002, passed by the court of Sessions Judge, Sangrur, whereby he has been convicted under Section 302 IPC for committing the murder of his wife Balbir Kaur and sentenced to undergo imprisonment for life.

(2.) BRIEFLY , the case of the prosecution, which is based upon the statement (Ex.PE) of Jarnail Singh (PW.3), is that his sister Balbir Kaur was married to Bhagat Ram (appellant herein) resident of village Katron. It was her second marriage. From the said wed -lock, two male issues were born. It was stated that relations between the couple were strained. The appellant used to had altercation with his wife. On 29.8.1999, complainant Jarnail Singh along with his paternal uncle Nazar Singh (PW.4) came to village Katron and after taking Amarjit Singh (PW.6), mediator of the marriage, resident of the said village, went to the house of Balbir Kaur. There an altercation had taken place between the appellant and his wife Balbir Kaur. The complainant, his paternal uncle Nazar Singh and mediator Amarjit Singh got the matter pacified. Thereafter, they went to the roof top of the house, sat there on the cots and were chatting with each other. After a few minutes, at about 8.30 PM, they heard the loud voice of the appellant, who was abusing his wife Balbir Kaur. An electric bulb was glowing in the court -yard and the above said PWs saw from the roof top of the house that the appellant gave a gandasa blow from its sharp side on the face of Balbir Kaur, who was standing in the court -yard. Within time when they were climbing down, the appellant gave several gandasa blows on the face and head of Balbir Kaur, who fell down. While she was lying down, the appellant gave gandasa blows on her chest, left side of abdomen and on the private parts of her body. They raised alarm saying 'Na Mar Na Mar'. Within their sight, Balbir Kaur succumbed to her injuries at the spot and the appellant along with his gandasa ran away from the spot. It was stated that the cause of grudge for committing the crime was that the appellant was suspecting on chastity of his wife Balbir Kaur and on that account, he used to quarrel with her. Complainant Jarnail Singh made the aforesaid statement to the police on the same day, i.e. on 29.8.1999 at 10.50 PM, on the basis of which the formal FIR (Ex.PE/2) was registered.

(3.) AFTER recording the aforesaid statement, the police visited the spot. The inquest report (Ex.PB) was prepared. Rough site plan (Ex.PQ) of the place of occurrence was prepared. Blood stained earth and simple earth were lifted from the spot, and after preparing separate parcels, the same taken into possession vide memos Ex.PF and Ex.PG. Vide application (Ex.PC), the dead body was sent to Civil Hospital, Dhuri, for post mortem examination. On 30.8.1999 at 9.50 AM, Dr. Vijay Kumar Jindal (PW.1) conducted post mortem examination on the dead body of Balbir Kaur, and found the following injuries on her body : -