SODHI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal has been preferred by appellant - Sodhi Lal @ Sarabjit impugning judgment and order dated 24.12.2009 whereby he has been convicted for the offence punishable under Section 302 IPC and sentenced to imprisonment for life, besides, fine of Rs. 10,000/ - and in default thereof, rigorous imprisonment for one year.

(2.) FIR No. 96 dated 15.05.2007, Ex. 4PA/1 was registered on the statement, Ex. PA suffered by PW1 Amar Iqbal Singh He revealed that he had taken five acres of land on lease from Iqbal Singh who is residing in Canada for the last 4 -5 years. There is a submersible motor installed on the said land near which there is an old well. Complainant alongwith Jaspal Singh had gone to plough the said land on their tractor on 15.05.2007. While ploughing the land, they discovered dead body of a woman lying face downward in the old concrete well near the motor room in which round iron steps have been fitted for going down the well. Hair of the dead body was scattered and a brick was lying nearby. The deceased seemed to be a woman of about 28 years and 5'1" in height. It seemed that death had been caused due to strangulation or by inflicting a serious injury on the head. He then came to know that dead body in question was of a woman, namely, Rajni @ Rajji, resident of Galowali District Amritsar who had been living with Beeran Devi in the village for the last about 14 -15 years. Beeran Devi had passed away a year ago. Deceased had illicit relations with appellant, Sodhi Lal @ Sarabjit. Jaswinder Kaur wife of Sodhi Lal @ Sarabjit often used to ask Rajni @ Rajji to desist. A day before the occurrence, the deceased and the appellant had been seen roaming together in the evening from Madara towards the school side. Complainant Amar Iqbal Singh expressed his belief that Rajni @ Rajji had been killed by appellant Sodhi Lal @ Sarabjit. While leaving Jaspal near the dead body, PW1 Amar Iqbal Singh proceeded towards the house of Mohan Lal, member Panchayat to whom the entire circumstances were revealed. Then both of them proceeded to the police station to inform the police. On the basis of the statement, Ex. PA of PW1 Amar Iqbal Singh, formal FIR, Ex. PA/1 was registered.

(3.) AS per post -mortem report Ex. PW7/A, a lacerated wound of 6cm x 5cm was found on the forehead of the deceased underlying bone fractured and the brain matters was coming out. In the opinion of the board of doctors, cause of death was shock and hemorrhage on account of the injuries mentioned above.