NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction dated 30.01.2004, vide which the appellant -Nachhattar Singh was held guilty and convicted for the offence punishable under Section 307 Indian Penal Code (hereinafter called 'IPC') and the order of sentence of the even dated, vide which he was sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.2,000/ -, in default of payment of fine he was to further undergo rigorous imprisonment for a period of 6 months.

(2.) THE brief facts of the prosecution case are that on 03.09.2001, (PW -8) ASI Bakhtaur Singh, went to Civil Hospital, Bathinda after obtaining the opinion of the doctor regarding the fitness of injured -complainant, Surjit Singh, to make the statement, recorded his statement Ex.PH, wherein complainant -injured, Surjit Singh, stated that his daughter Binderpal Kaur is married to Satnam Singh, resident of village Khadar Patti Tapa and he has kept him in his house as resident son -in -law. That accused -Nachhattar Singh is serving in CRPF and is married to Jaswinder Kaur. Jaswinder Kaur had strained relations with her in -laws as they were harassing her due to that reason she was putting up in the farm house along with her mother Jasmail Kaur and sister -in -law (Bhabhi) Jaspreet Kaur. On 25.08.2001, beatings were given to Jaswinder Kaur by the family members of in -laws and insecticides was administered to her. Jaswinder Kaur was getting treatment in Civil Hospital, Rampura. Jasmail Kaur was looking after her in the hospital. Jaspreet Kaur was alone in the house. She requested the complainant saying that she was all alone and he should sleep in their house to take care of. Accordingly, on 02.09.2001, he and Jaspreet Kaur were lying on the roof of the house. Since, it was hot he put off his shirt. It was moon -lit night. At about 09:00 p.m. accused came on the roof of the house after climbing over the projection and he was armed with an axe. Accused remarked that he would make him to take care of the house, thereafter he gave the axe blows to complainant - Surjit Singh, while he was lying on the cot. Three axe blows were given on the left side below his chest. Other axe blows were given by him on his left side of jaw, left shoulder, left arm, right hand and right finger. He raised hue and cry, accused ran away with the axe from the spot. Jaspreet Kaur gave information of this occurrence to Satnam Singh, the son -in -law of the complainant, who brought him to the Civil Hospital, Rampura, where he was medico legally examined and thereafter referred to Civil Hospital, Bathinda. The motive for this occurrence was stated to be that Nachhattar Singh and his family members were not rehabilitating Jaswinder Kaur in their house and was being harassed for the demand of dowry. Jaswinder Kaur had got registered two cases against family members of her in -laws. He was suspecting that the complainant was helping Jaswinder Kaur. On the statement of injured -Surjit Singh Ex.PH, FIR Ex.PH/2, was registered and investigation was started.

(3.) ACCUSED -appellant was charge -sheeted for the offence punishable under Section 307 IPC by the learned trial Court vide order dated 15.11.2002, to which the appellant pleaded not guilty and claimed trial.