BALWINDER SINGH Vs. STATE

JUDGEMENT

(1.) This appeal by Balwinder Singh is directed against the judgment and order dated November 8, 2001, whereby he was convicted and sentenced to undergo Life Imprisonment under Section 302 of the Indian Penal Code and to pay fine of Rs. 5,000/- and in default of payment of fine to further undergo RI for one year, by learned Additional Sessions Judge, Gurdaspur.

(2.) In nutshell, the facts culminating to the commencement of this appeal may be recapitulated thus : Smt. Jaspal Kaur (25 years), sister of PW-2 Dalwinder Singh (complainant) was married to appellant Balwinder Singh 13-14 months prior to the date of occurrence in village Dalle Chak, District Gurdaspur. Appellant Balwinder Singh used to reside in a house built in his fields, whereas, his other brothers, namely, Gulzar Singh and Beer Singh were residing in the old houses built in the village. A month prior to the date of occurrence, Jaspal Kaur had come to her parental village - Raheeman Baad and told her brother Dalvinder Singh (PW-2) that she was beaten by her husband, who asked her to bring a Television and Scooter from her parents.

(3.) Thereupon, complainant Dalvinder Singh alongwith his sister Jaspal Kaur went to her matrimonial home and assured the appellant that a Television would be sent and scooter would be arranged for him after the harvesting of his rabi crop. While giving the said assurance, he left his sister at the residence of the appellant and advised the appellant not to beat her sister. Thereafter, a Television set was sent to the appellant 15 days prior to the occurrence.