(1.) THE present appeal is directed against an order dated 11.02.2010 convicting the appellant for an offence under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs.5000/ -, in default of payment of fine to further undergo rigorous imprisonment for one year.
(2.) THE prosecution case was initiated on the basis of a communication from Commandant 123 Battalion BSF (Ex.PH) on 30.12.2006 to Station House Officer, Police Station Bhikhiwind. The communication is that Head Constable P.K. Thapa of 'E' coy informed the Commandant that Constable A.B.M. Sangma, (the present appellant) along with his wife has forcibly entered his House No.66, Type -II in his absence and locked the door from inside. On receiving this information, a party consisting Sub Inspector Ramji Lal with HC Babu Lal and Constable Puran Mal was sent to open the door and inquire into the situation. When the party reached there, they found the door locked from inside. On knock, nobody opened it and then they forcibly opened the door. On opening the door they saw Constable A.B.M. Sangma holding a blood stained dagger (Khukhari) in his right hand and his wearing clothes had blood stains on them.
(3.) HIS wife Putul @ Neema was lying on the floor dead in the pool of blood. Constable A.B.M. Sangma was overpowered by the party and in this process dagger (Khukhari) fell from his hand on to the floor.