DARBARA SINGH @ DALBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 07.07.2010 rendered by the learned Additional Sessions Judge, Fatehgarh Sahib, whereby the appellant was convicted for an offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. In default of payment of fine, the appellant to further undergo rigorous imprisonment for one year.

(2.) The prosecution case was set in motion on the statement of Jagminder Singh son of Karamjit Singh (deceased) resident of Village Fatehpur made to SI Sewa Singh, P.S.Mulepur on 26.07.2009. In his statement (Ex.PE), Jagminder Singh stated that his sister Jasvir Kaur was married to Darbara Singh son of Gurmail Singh resident of Chanarthal Khurd for the last about 10 years back. He stated that his brother-in-law Darbara Singh used to beat his sister Jasvir Kaur. He alongwith his father Karamjit Singh and his cousin Randhir Singh, on receipt of telephonic message, from her sister to the effect that she has been beaten up by her husband, went to the house of Darbara Singh at Chanarthal Khurd in order to make him understand. However, they came to know that he had gone to his shop, which was situated near the Gurdawara Sahib. Thereafter, at about 4.30/5.00 PM, he alongwith his father and Randhir Singh went to the shop of his brother-in-law. He alongwith his cousin Randhir Singh were standing outside the shop near the scooter, whereas his father Karamjit Singh went inside the shop in order to make Darbara Singh understand and to enquire that why he gave beating to his daughter. In the meanwhile, Darbara Singh got annoyed and after picking up a screw driver, which was lying near with him, gave blow on the left side of chest of his father. He stated that when he and his cousin brother went inside the shop to get them free, his brother-inlaw fled away from the spot. Thereafter, he alongwith his cousin removed his father Karamjit Singh in injured condition to Civil Hospital, Fatehgarh Sahib on their motor-cycle, but his father died in the meantime. On the basis of such statement, ruqa (Ex.PE/1) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PE/2) was lodged on the same day under Sections 302 & 498A IPC.

(3.) Thereafter, SI Sewa Singh the Investigating Officer, went to the Civil Hospital, Fatehgarh Sahib, where the dead body of Karamjit Singh was lying in the mortuary and prepared inquest report Ex.PM. Since postmortem examination could not be conducted on that day, SI Sewa Singh after deputing HC Karanjit Singh to take care of the dead body went to the place of occurrence and prepared rough site plan Ex.PN. Pursuant to application Ex.PD, post-mortem examination on the dead body of Karamjit Singh was conducted on 27.07.2009. It was on 31.07.2009, Darbara Singh accused was arrested. During interrogation, accused suffered a disclosure statement (Ex.PH) to the effect that he had kept concealed a screw driver underneath the clothes at his shop. In pursuance of such statement, accused got recovered a screw driver stained with blood, which was taken into possession vide recovery memo Ex.PK. On completion of necessary formalities, report under Section 173 Cr.P.C. was filed against the present appellant.