SUKHDEV SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 29.9.2014 passed by the Court of learned Additional Sessions Judge, Taran Taran vide which she had convicted accused Sukhdev Singh @ Sukha for an offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,500/- and in default thereof, to further undergo rigorous imprisonment for one month.

(2.) The accused-convict, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story is that complainant Kulwant Kaur wife of Balhar Singh, resident of village Halluwal, Police Station Mahalpur, District, Hoshiarpur, aged about 58 years was earlier married with one Puran Singh son of Fauja Singh, resident of Kattianwali, Police Station Sadar Malaut, District Muktsar Sahib and she had given birth to two sons, namely, Gursewak Singh @ Sonu and Punjab Singh, besides one daughter, namely, Rinku @ Palwinder Kaur, from that wedlock. She had divorced her first husband Puran Singh about 20 years prior to the occurrence and contracted a second marriage with Balhar Singh son of Joginder Singh, Jat, resident of village Halluwal, P.S. Mahalpur, District Hoshiarpur. After some time of contracting a second marriage with Balhar Singh, complainant had brought her son from her first marriage, namely, Gursewak Singh to village Halluwal. Kulwant Kaur has a sister, namely, Manso married with Sulakhan Singh at village Rurhe Aasal. Manso was having a daughter, namely, Kashmir Kaur @ Sheero and a son, namely, Sukhdev Singh @ Sukha (accused). Kashmir Kaur @ Sheero had come to visit the complainant in her matrimonial home about two months prior to the incident. Sukhdev Singh @ Sukha, brother of Kashmir Kaur @ Sheero had come to take her on 19.2007 and she told complainant Kulwant Kaur that a fair was going to be organized in their village and she should go with them to see that. Accordingly the complainant along with her son Gursewak Singh @ Sonu went to village Rurhe Aasal. After taking meals family members of Manso besides complainant and Gursewak Singh @ Sonu had gone to sleep at night.