KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant challenges his conviction under Sec. 302 IPC, for which, he has been sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/ -, in default, to undergo further RI for one year.

(2.) Case of the prosecution is that Charan Singh (PW -3) lodged FIR (Ex. PE/2), to the effect that Gurmit Kaur, deceased, his sister, was married to the appellant Kamaljit Singh about five months prior to the occurrence, which took place on 21.5.1996. After the marriage, the accused used to quarrel with the deceased for dowry, but in spite of persuasion, harassment continued. On 20.5.1996, he received a message from the deceased through Kashmir Singh (PW5) that he should meet her as her husband was beating her. He along with his maternal uncle Gurmit Singh (PW -4) went to the house of the accused. The accused threatened that if they did not meet his demands for dowry, they will have to face the consequences. After taking meals, they went to their beds in the courtyard. The accused and the deceased went to their beds in a separate room. At 1.00 A.M., in the night, they heard shrieks and saw in the light, after pushing open the door, that the accused had strangulated the deceased by putting the chunni around her neck. They tried to rescue the deceased, but the deceased breathed her last. The accused fled away from the spot. Charan Singh went to his village and after taking his father Sant Singh with him came back and was proceeding to the police station when they met Avinderbir Singh (PW -9) SHO on the way. PW -9 Avinderbir Singh recorded the statement of Charan Singh at 7.55 P.M. on 21.5.1996.

(3.) PW -9 Avinderbir Singh went to the place of occurrence, prepared inquest report, sent the dead body for post -mortem, recorded the statements of the witnesses and arrested the accused. Thereafter, investigation was transferred to SI Joga Singh. After completion of investigation, the accused was sent up for trial.