HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was tried in the court of learned Sessions Judge, Ludhiana for the offence under Section 302 of the Indian Penal Code and the learned Sessions Judge was pleased to convict him for the said offence and sentence him to under imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. Being aggrieved by the said conviction and sentence, the appellant has filed a suit in appeal before this Court.

(2.) THE case of the prosecution is that the deceased Gurmel Kaur was the wife of the appellant. They had two sons and three daughters. After marriage, there was bickering between the appellant and the deceased and the appellant used to beat her several times. Gurmel Kaur, deceased, came to her brother's (Karam Singh) house at Bagha Purana and her brother used to advise her and send back.

(3.) ON 30.1.1991, at about 5.00 p.m., Karam Singh, brother of the deceased had come to see his sister (deceased) at Jagraon. After taking meals, he laid on a cot in the kitchen constructed in the court-yard and was sleeping on it. Gurmel Kaur deceased, the appellant, their sons, namely, Surinder Singh, Gurprit Singh and daughter Sushma Rani were sleeping inside the room. At night, at about 2/3 a.m., Karam Singh, on hearing the loud voice, woke up and on getting up, he saw that the door opening towards the courtyard was open and there was electric light inside the room. The appellant was holding a handle of the hand-pump in his hand and was standing on the right side of his sister (Gurmel Kaur). The sons and daughter of the deceased, having woken up, were sitting on the cot. The appellant was asking Gurmel Kaur to bring money from her parental house for the reason that he was passing through a hardship. At this, his sister replied that all of them had got families to support and as such, she could not make a demand for money. The appellant remarked that she did not obey him and within his (Karam Singh) sight, the appellant struck 213 blows of the handle of the hand-pump on the head of the deceased. Karam Singh stepped forward to separate them, whereupon the appellant wielded the handle at him. Out of fear, Karam Singh retraced his steps. Thereafter the appellant gave blows with the handle of the hand-pump to the deceased on her neck, legs and arms. The children of the deceased raised alarm whereupon the appellant ran towards outside together with the handle of the hand-pump. Gurmel Kaur succumbed to the injuries at the spot. Leaving her children there, Karam Singh proceeded to inform his family members at Bagha Purana at night. He was going to the Police Station to lodge a report, when Sub-Inspector Ram Murti who was Incharge of Police Station, City Jagraon and who was on petrol duty, met him and Karam Singh lodged his complaint before Shri Ram Murti, Sub Inspector. The F.I.R. was got registered and thereafter, investigation started. After completion of the investigation, challan was presented in the court of Judicial Magistrate I Class, Jagraon, who, in turn, committed the case to the Court of Sessions at Ludhiana and relying upon the prosecution evidence, the above judgment was given by the learned Sessions Judge.