SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.10.2003 rendered by learned Additional Sessions Judge (Fast Track Court), Kapurthala, whereby appellant -accused Surjit Singh was held guilty for committing offence punishable under Ss. 436 and 427 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, he was sentenced to undergo rigorous imprisonment for five years for committing offence punishable under Sec. 436 IPC. In default of payment of fine, to undergo RI for two months. He was also sentenced to undergo RI for one year for committing offence punishable under Sec. 427 IPC.

(2.) Brief facts of the case are like this; that Gurmit Kaur wife of Surjit Singh, made her statement Ex. PA to the police to the effect that she was married to Surjit Singh on 03.12.1978. She has two sons and a daughter. Her elder son Ranjit Singh is in Italy. Younger to him was doing computer course. Her daughter after +2 is staying at home. Her husband namely Surjit Singh works in Dubai. Sometimes he goes to Dubai and has been visiting India very often. Since April, he was in India.

(3.) On 26.09.2002, at about 1:00 P.M., she was preparing meals in her house when her husband told her that she should leave the house as he wanted to burn it. Thereafter, he bolted the doors and tried to burn her clothes. She managed to escape from her husband, opened the door and had gone to her mother's sister's husband, namely, Kulwant Singh and raised alarm. When she returned home, she saw that her house was burning. Valuable articles of the house and car bearing No. CH -01K -9909 were burnt. Her husband had also gone inside the house and opened the gas cylinder. People with great difficulty removed the grills and only then could take out her husband. Fire Brigade was also called, who extinguished the fire. Property worth Rs. 3 lac were burnt. As per complainant, at an earlier occasion again as well her husband had torn the clothes, certificate, passport and important documents of her son and also broken the computer as well.