HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Hardev Singh -appellant against the judgment and order dated 25.10.2004 passed by the learned Sessions Judge, Amritsar whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code ('IPC -for short) and sentenced to undergo life imprisonment; besides, pay a fine of Rs. 5000/ - and in default thereof to undergo rigorous imprisonment for two years.

(2.) FIR (Ex. PH/2) has been registered on the statement (Ex. PH) of Jasbir Kaur (deceased) recorded on 20.07.2001 by SI Surjit Singh (PW -12) at Guru Ram Dass Hospital, Amritsar in the presence of Dr. Nitin Arora (PW -10). According to Jasbir Kaur, she was a resident of Shaheed Udham Singh Nagar, Amritsar and did the work of embroidering 'dupatas' (veils). A period of about 18 years had lapsed since she was married. She had two sons and one daughter (Harpreet Kaur PW -7). Her husband Hardev Singh (appellant) was habitual in consuming intoxicating tablets, alcohol and other intoxicants. He used to often fight with her. A day earlier to her statement i.e. on 19.07.2001, it was at about 10.00 am during the day, she and her daughter (Harpreet Kaur PW -7) were present at their home. At that time, her husband (appellant) came from outside and started beating her. Her daughter was saving her (Jasbir Kaur) from him but he did not leave her. Then the husband of Jasbir Kaur took out poisonous medicines from his pocket and forcibly put them in her mouth and closed her mouth with his hands. On this Jasbir Kaur fainted and she did not know who brought her to the hospital. She stated that her husband had forcibly administered poisonous tablets and attempted to kill her. Legal action was asked to be taken against him. The statement was signed by Jasbir Kaur in English and attested by Inspector Surjit Singh (PW -12), who was posted as Sub Inspector, Police Station B -Division, Amritsar. The statement was recorded in the presence of Dr. Nitin Arora (PW -10). Police proceedings were recorded by SI Surjit Singh (PW -12) on 20.07.2001 to the effect that on the said date, he along with HC Major Singh, Constable Jatinder Singh and SPO Tarsem Singh had come to Guru Ram Dass, Hospital, Amritsar for recording the statement of Jasbir Kaur. A written application (Ex. PJ) was submitted to the doctor as to whether the injured was fit to make a statement or not. On this, Dr. Nitin Arora (PW -10) vide endorsement Ex. PJ/1 declared that the injured was fit to make a statement. SI Surjit Singh (PW -12) in the presence of the doctor recorded the aforesaid statement of Jasbir Kaur, which was read over and explained to her. She after admitting the same as correct, signed it in English. From the statement, offence under Section 307 IPC was found to be made out. For registration of a case, the writing was sent through Constable Jasbir Singh to the police station. After registering the case, the number was asked to be intimated and special reports were asked to be sent. The SHO of police station was asked to be informed through the control room on wireless. SI Surjit Singh (PW -12) proceeded to the spot where the incident had occurred along with the police officials. The writing was recorded at the boundary of Guru Ram Dass Hospital, Amritsar at 11:40 am on 20.07.2001. On receipt of the report, FIR No. 113 dated 20.07.2011 (Ex. PH/2) was registered at Police Station, B -Division, Amritsar.

(3.) THE learned Chief Judicial Magistrate vide order dated 3.12.2011 found a prima facie case punishable under Section 302 IPC to be made out against the appellant. The case was accordingly committed to the Court of Session, Amritsar for trial. The learned Sessions Judge, Amritsar framed charge against the appellant on 09.01.2002. It was alleged that on 19.07.2001 at about 10.00 am in the area of Shahid Udham Singh Nagar, Amritsar, Hardev Singh appellant did commit murder intentionally and knowingly by causing the death of his wife and thereby committed an offence punishable under Section 302 IPC, which was within the cognizance of the Court. The appellant, it was directed, be tried by the Court for the said charge. The contents of the charge were read over and explained to the appellant in simple Punjabi which he fully understood. He pleaded not guilty and claimed trial.