TEK SINGH @ GURTEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 03.06.2010 rendered by the then learned Sessions Judge, Faridkot whereby appellantaccused Tek Singh was held guilty for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence dated 04.06.2010, he was sentenced to undergo life imprisonment and to pay a fine of Rs.1,50,000/. In default of payment of fine to further undergo rigorous imprisonment for 5 years. It was further stipulated that if an amount of fine is recovered then a sum of Rs. 1 lac out of the total fine of Rs. 1,50,000/- shall be equally distributed amongst two sons and the husband of the deceased.

(2.) Briefly, the prosecution case is like this; that on 29.07.2009 Mohinder Singh lodged report Ex.PA with the police to the effect that he is a labourer. He has two sons and a daughter. The daughter is eldest and married. Both the sons namely Sukhwinder Singh and Manohar Singh are bachelor. His son Manohar Singh had gone to Pune. As per complainant, he and Sukhwinder Singh were present in the house. Tek Singh (accused) was on visiting terms with them. On the day of the occurrence Tek Singh had gone to their house in the morning. At about 12:30 P.M., his son Sukhwinder Singh was taking bath whereas the complainant was sitting at his retail shop in his house. At that time they heard the shrieks of his wife Charanjit Kaur from their residential room. He and his son Sukhwinder Singh rushed to the room. There, Tek Singh was causing injuries on the head of his wife with the crusher (Ghotna). On their raising alarm "martamarta", Tek Singh pushed him and ran away from the spot with the crusher. When he and his son Sukhwinder Singh attended her, the face of his wife Charanjit Kaur was smeared with blood and she had died. Complainant gave the cause of grievance like this; that Tek Singh was suspecting that complainant's wife had illicit relations with some other person and for this reason he has killed his wife by causing injuries on the head. After leaving Sukhwinder Singh at the spot, complainant had gone to the police and lodged the present complaint as Ex.PA. After making endorsement Ex.PA/1 on this complaint SI Gurjant Singh sent ruqa to the police station for registration of the case whereupon FIR Ex.PA/2 was recorded by ASI Jaspal Singh. Police inspected the spot in the presence of Mohinder Singh complainant. After spot inspection, inquest report Ex.P8 was prepared. Post-mortem of the dead body was got conducted. Davinder Singh and Pardeep Kumar identified the dead body. Photographs of the spot were obtained. Samples of the plain earth as well as blood stained earth were taken from the spot. The same were made into a duly sealed parcels sealed with the seal of 'GS' and the same were taken into police possession vide memo Ex.P9. At Sadiq Chowk, ASI Rachhpal Singh handed over the belongings of the deceased, duly sealed in a parcel containing seal impression of the doctor to SI Gurjant Singh which were taken into police possession vide memo Ex.P12. Case property was deposited with the MHC. On 30.07.2009 accused was arrested on the pointing of complainant.

(3.) On interrogation, accused gave disclosure statement having kept hidden Ghotna (thick wooden baton) in the 'Sarkandas' lying at the back of Medical College Campus about which he alone knew and can get the same recovered. This disclosure statement is Ex.P6. In pursuance with this disclosure statement accused led the police party to the aforesaid place and got recovered Ghotna which was made into a parcel and sealed with the seal of 'GS' and then taken into police possession vide memo Ex.P7. Ghotna is Ex.MO1. Ghotna was blood stained. Scaled site plan of the spot was got prepared as Ex.P1. After completion of necessary investigations, the challan was put in the Court.