SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) COURT of learned Additional Sessions Judge (Adhoc), Fast Track Court, Patiala (here -in -after referred to as 'the trial court'), vide judgment/order dated June 05, 2002, having convicted and sentenced him to imprisonment for life and a fine amounting to Rs. 500/ - and in default of payment of fine to further rigorous imprisonment for fifteen days under Section 302 of the Indian Penal Code, 1860 (here -in -after referred to as 'IPC') for having committed murder of his wife, Baljit Kaur, aged about 22 years (here -in -after referred to as 'the deceased'), convict Satnam Singh (here -in -after referred to as 'the appellant') has brought this appeal to challenge the impugned judgment/order and to claim his acquittal.

(2.) AS per prosecution story, it was just two years before her demise that the deceased was married to the appellant and six months before the occurrence had delivered a child, who, unfortunately, died immediately after birth. This resulted into appellant's continuous violent behavior towards the deceased and resultant nerve -racking atmosphere in the house. On the fateful day, viz. April 14, 1999, PW8 Veeru (or say Beeru), father of the deceased (here -in -after referred to as 'the complainant') went to the house of the deceased to know her well being. After taking their evening meals appellant and deceased went to sleep in a room while the complainant slept in the courtyard of the house. At or around 02.00 a.m. on April 15, 1999, on hearing a noise from inside the room wherein the appellant and the deceased had gone to sleep, the complainant woke up and saw that door of the room was open and light inside the room was on. Appellant, while sitting over deceased's body, had gagged her mouth with his left hand and had pierced a sickle in her chest, near the neck, with his right hand. On being pushed aside by the complainant, appellant pulled the sickle out of deceased's body; gave a push to the complainant; and fled the scene. On hearing the noise residents from the neighbouring houses converged on the scene. Within minutes, the deceased bid adieu to this cruel world. Harchand Singh alias Guddu, who had mediated the marital alliance between the appellant and the deceased, also reached the spot. Accompanied by Karnail Singh, complainant set out for the police station but on Rohti bridge came across a police party headed by SI Parshottam Singh (PW10) (here -in -after referred to as 'the investigating officer') and narrated before him the entire sequence of events which was reduced into writing (Exhibit PL) and based thereon a formal First Information Report (for short, 'FIR'), Exhibit PW10/B, was recorded by ASI Gulzar Singh at Police Station, Sadar, Nabha.

(3.) WHEN interrogated while in police custody, appellant suffered a disclosure statement, Exhibit PK, and pursuant thereto got recovered a sickle, Exhibit P1, as also his pants and shirt, vide memorandum, Exhibit PK/1.