ARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellant -Arjinder Singh against the judgment and order dated 28.05.2011 passed by the learned Additional Sessions Judge, Tarn Taran whereby he has been convicted for the offence punishable under Sec. 302 Indian Penal Code ('IPC' - for short) for committing the murder of his wife Kulwinder Kaur and has been sentenced to undergo life imprisonment; besides, pay a fine of Rs. 10,000/ - and in default thereof undergo rigorous imprisonment for one year. The other accused namely Iqbal Singh and Bhupinder Singh, father and brother respectively of the appellant have, however, been acquitted.

(2.) FIR No. 38 dated 18.06.2007 (Ex. PF) was registered at Police Station Sarai Amanat Khan, District Amritsar on the statement of Smt. Manjit Kaur wife of Gurcharan Singh for the offence under Sec. 306/34 IPC. The complainant Manjit Kaur made a statement (Ex. P1) that she was resident of Kalgidhar Colony, Naraingarh, Chheharta and was aged 55 years. She was a housewife and had three daughters; besides, a son who were all married. Her elder daughter Kulwinder Kaur (deceased in the case) wife of Arjinder Singh (appellant) son of Iqbal Singh (since acquitted) resident of Kasel was married in the year 1995. From the marriage between Kulwinder Kaur and Arjinder Singh, they had two daughters and a son. Their elder daughter namely Ramandeep Kaur was aged about 11 years. Younger to her was Amandeep Singh (son) aged about 9 years and daughter namely Harmandeep aged about 5 years. The son -in -law of the complainant i.e. the appellant Arjinder Singh had retired from the Army about one and a half years earlier from the lodging of FIR by the complainant on 18.06.2007. The appellant, it is alleged, used to take drinks since his marriage and as and when he came on leave from the Army, he used to beat the daughter of the complainant and ill -treat her under the influence of liquor. When they came to know about such acts of her son -in -law, they used to make their daughter understand that good sense would prevail upon him. However, her son -in -law namely Arjinder Singh (appellant) did not mend his ways. When he came on pension from the Army, the complainant got her niece namely Kulwant Kaur daughter of Charan Singh resident of Mehta married to Bhupinder Singh (since acquitted), the brother of Arjinder Singh (appellant). He also used to drink liquor with his brother i.e. the appellant and he used to beat Kulwant Kaur under the influence of liquor. They, however, dissolved their marriage by getting a divorce keeping in view the behaviour of Bhupinder Singh. Now her son -in -law Arjinder Singh, his brother Bhupinder Singh and their father Iqbal Singh son of Amar Singh used to drink liquor late in the night and pressurize their daughter to cook food late at night. When their daughter stopped them from consuming liquor and refused to cook food for Bhupinder Singh, they used to beat her. On the date of incident i.e. 18.06.2007 at about 10.00 am, Kulwinder Kaur (deceased) made a telephone call to the complainant that on the previous night all the three accused after consuming liquor beat her and pressurized her to cook food for Bhupinder Singh and their father Iqbal Singh as well. The complainant made her daughter Kulwinder Kaur understand that such trivial matters occur in the family and she should not worry about them; besides, she would come and meet her in the evening. The complainant Manjit Kaur and her husband Gurcharan Singh went to see their daughter at about 3.30 pm. At that time Arjinder Singh (appellant) husband of Kulwinder Kaur, Bhupinder Singh, husband's younger brother and Iqbal Singh father -in -law respectively of Kulwinder Kaur were present. They informed the complainant and her husband Gurcharan Singh that Kulwinder Kaur had committed suicide by hanging herself from the ceiling fan with the help of a 'dupatta' (veil) as she did not want to prepare food. The husband of the complainant i.e. Gurcharan Singh complained that had she committed suicide then why did they not inform them. The complainant and her husband Gurcharan Singh had full belief that since the accused used to pressurize Kulwinder Kaur to prepare food for Bhupinder Singh, she had committed suicide in anger due to which she died. She left her husband near the dead body to guard it and was proceeding to lodge a report with the police. The police met her on the way and her statement was recorded. She asked for action to be taken against the accused and justice be given to her. The complainant signed her statement in Punjabi, which was attested by SI Jagdish Chander Police Station Sarai Amanat Khan.

(3.) Police proceedings were recorded by SI Jagdish Chander to the effect that he along with other police officials were in a Government 'Balero' vehicle with registration No. PB -02 -AS -5732 which was being driven by HC Sukhwinder Singh. They were in the vehicle in connection with checking and were present at Bus Stand Dhand Kasel, where Manjit Kaur (complainant) came and got her statement recorded with SI Jagdish Chander. The statement was read over to the complainant, who after admitting the contents to be true signed the same in Punjabi, which he had attested. From the statement of the complainant, offence under Sec. 306/34 IPC appeared to be made out. The statement was sent through HC Balwinder Singh for registration of a case. After registration, the number of the FIR was asked to be intimated and information was asked to be flashed on the wireless and control room. Special reports were also asked to be issued to the concerned officers. SI Jagdish Chander along with officials was busy in the investigation. He was proceeding towards the spot along with the complainant. The police proceedings were recorded at 6.30 pm on 18.06.2007 at Bus Stand, Dhand Kasel by SI Jagdish Chander, Police Station, Sarai Amanat Khan. On the basis of the statement (Ex. PF) that was received, FIR No. 38 dated 18.06.2007 for the offence under Sec. 306/34 IPC was registered at Police Station Sarai Amanat Khan vide report No. 23/24 at about 6.55/7.55 PM on 18.06.2007 by ASI Gurbachan Singh. The FIR was received by the Judicial Magistrate Ist Class Duty on 19.06.2007 at 5.40 am.