MADAN KUMAR @ MANOJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Madan Kumar alias Manoj Kumar, who has been convicted under Section 302 IPC for having murdered his wife Rubal Rani vide judgment dated 13.1.2003 passed by Sessions Judge, Ludhiana has challenged the same by filing the present appeal.

(2.) The FIR no.102 dated 14.2001 u/s 302 IPC, Police Station Focal Point, Ludhiana (Ex. PW-9/B) was lodged on the basis of 'ruqa' (Ex. PW-6/A) in the shape of statement of complainant Mahesh Kumar (father of deceased) recorded by ASI Ranjit Singh on 14.2001. The complainant has stated therein that his daughter Rubal Rani (deceased) was married to Madan Kumar alias Manoj Kumar about one and a half year prior to the occurrence but the accused started maltreating Rubal Rani shortly after the marriage and used to give beatings to her and had even turned Rubal Rani out of matrimonial home about 2 months prior to the occurrence and then she stayed at her parental home for about a month. He has stated that when his son-in-law realized his mistake then he had sent his daughter Rubal Rani along with him to her matrimonial home. It is stated therein that on 11.4.2001, the wife of complainant went to see her daughter Rubal Rani in her matrimonial home and returned back in the evening and disclosed that the accused had again started maltreating and beating Rubal Rani. The complainant has stated that he along with Jugal Kishore went to see his daughter Rubal Rani in her matrimonial home and when they entered her house at about 5:00 P.M., they saw Madan Kumar alias Manoj Kumar standing in the front room. He was hurling abuses at Rubal Rani and was holding a 'seru' (wooden baton) in his hand and in their presence he gave a blow with the said wooden baton on the head of his daughter Rubal Rani which hit on the back of her head towards left side, as a result of which she fell down on the ground. It is further alleged that the accused thereafter gave 2-3 kick blows to Rubal Rani while she was lying on the floor and when they rushed forward to attend to Rubal Rani and raised alarm saying 'marditta mar-ditta' then the accused fled away from the spot throwing the wooden baton on the ground. Rubal Rani died at the spot. The complainant has further stated that his son-in-law Madan Kumar alias Manoj was unemployed and was addicted to intoxicants and when his daughter tried to dissuade him from intoxicants, he used to give beatings to her. The complainant, while leaving Jugal Kishore near the dead body of his daughter, went to lodge report with the police.

(3.) Pursuant to aforesaid statement(Ex. PW-6/A) of the complainant, formal FIR (Ex. PW-9/B) was recorded. After conclusion of Inquest proceedings the dead body was sent for getting the post-mortem examination conducted. The accused was arrested on the same night at 10 P.M. After conclusion of investigation, challan was presented against the accused Madan Kumar alias Manoj in the Court of CJM, Ludhiana on 7.2001, who committed the case to the Court of Sessions vide order dated 27.8.2001. The Sessions Judge, Ludhiana upon finding sufficient grounds to presume that the accused had committed an offence punishable under Section 302 IPC framed charges against the accused on 9.2001 to which the accused pleaded not guilty and claimed trial.