BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against an order passed by learned Sessions Judge, Gurdaspur on 07.01.2010 whereby the present appellant was convicted for an offence under Section 302 of Indian Penal Code (for short 'IPC') for causing death of Nirmal Singh and also for the offences under Section 324 and 326 of IPC for causing grievous injuries to Mandeep Kaur, wife of deceased-Nirmal Singh, and also for an offence under Section 450 of IPC for house trespass. He was sentenced to undergo life imprisonment and the varying terms of sentence in respect of other offences.

(2.) The prosecution case was set in motion on the statement of Mandeep Kaur made to Station House Officer Sawinder Singh, Police Station Dera Baba Nanak on 07.09.2008 (Ex.PA) to the effect that on the midnight of 6/7.09.2008 there was an altercation between her husband and his uncle Balwinder Singh in connection with electric wire. The said dispute was settled with the intervention of the neighbours - Wazir Singh and Sucha Singh. However, during night at about 1:15 AM Balwinder Singh armed with datar entered their house from the roof and started giving datar blows on her husband-Nirmal Singh, which hit on the head and face of her husband. At that time, electric bulb was on in the courtyard. In order to save himself, her husband raised his left hand but his hand was partially cut. She came forward to save her husband from Balwinder Singh but he gave datar blows on her person which hit on her right arm. On raising noise, residents of the neighbourhood started gathering but Balwinder Singh ran away from the spot with his datar. Such statement was given at about 8:30 AM at village Shahpur Jahan. On the basis of said report, ruqa (Ex.PA/1) was sent and First Information Report (Ex.PA/2) was recorded.

(3.) The Investigating Officer Sub Inspector Swinder Singh PW9 visited the place of occurrence and prepared the inquest report (Ex.PV). He took into possession blood-stained hair (Kesh) vide memo Ex.PQ and sent the dead body for postmortem examination vide request Ex.PK. The accused was arrested vide memo Ex.PX on 07.09.2008. The accused suffered a disclosure statement (Ex.PN) and got recovered datar (Ex.PY); one bloodstained Banyan; one bloodstained T-shirt (Ex.P5) and bloodstained Chaddar (Ex.P6). Such articles were taken into possession vide memo Ex.PZ. The postmortem report has been produced on record as Ex.PJ whereas the affidavit of the Dr. Karan Sagar is Ex.PH. PW3 Dr. Karan Sagar found the following injuries:-