MANOHAR SINGH Vs. STATE

JUDGEMENT

(1.) ON small and perhaps wholly unjustified cause, appellant- Manohar Singh is stated to have killed his wife Dalbir Kaur on 14th of May, 1987 on 8.30 a.m. The F.I.R. with regard to the incident was recorded on 15th of May 1987 at 7.15 p.m. It was recorded by ASI Sham Singh on the statement made by father of the deceased Nazir Singh at S.G.T.B. Hospital, Amritsar. The statement as such was recorded at 6.00 p.m., formal F.I.R. whereof came into being at 7.15 p.m. The Special report with regard to the incident reached the Magistrate concerned at 11 a.m. On 16th of May, 1987 Nazir Singh stated that ten years ago he had married his daughter Dalbir Kaur to appellant Manohar Singh. Couple was blessed with three children. Her elder son was 9 years of age whereas younger to him was aged about 3 years. The appellant and his daughter along with their children were residing in the Haveli of Guljar Singh in village Khiala for the last one month. They were working as brick- maker at the brick-kiln. His nephew was also residing in the same Haveli of Guljar Singh and was working as a brick-maker in the brick-kiln. A few days ago, his daughter Dalbir Kaur had sent a message to him that the appellant was demanding a sum of Rs. 2,000/- from her through her parents and he needed this amount urgently. He was also beating and mal-treating her. On 13th of May, 1987, he went to see his daughter. On 14th of May, 1987 at about 8.30 a.m. appellant and his daughter Dalbir Kaur quarrelled over the demand of Rs. 2,000/- while sitting in the kitchen. Appellant became enraged and picked up a Datar (weapon for cutting) lying nearby and gave two Datar blows continuously hitting on the middle of the head of Dalbir Kaur. He and Dalbir Kaur raised an alarm and Joginder Singh who was residing nearby came to the spot. While he and Joginder Singh were trying to rescue Dalbir Kaur, appellant gave two more Datar blows to Dalbir Kaur on her head, but Dalbir Kaur raised both of her arms to ward off the attack; consequently the blows hit her on right and left arms. When they tried to intervene, the appellant ran away from the spot with his weapon. He and Joginder Singh arranged a car and brought Dalbir Kaur in an injured condition to S.G.T.B. Hospital and got her admitted there. Doctor gave treatment to Dalbir Kaur but in the morning of intervening night of 14th/15th of May, 1987, Dalbir Kaur succumbed to her injuries. The appellant inflicted injuries to his daughter Dalbir Kaur on account of demand of Rs. 2,000/- which resulted into her death. He further stated that he along with Joginder Singh had witnessed the occurrence.

(2.) THE appellant was charged for intentionally causing death of his wife under Section 302 of the Indian Penal Code and after resultant trial, vide order of conviction and sentence recorded by the Additional Sessions Judge, Amritsar dated 16th of December, 1994 held guilty and consequently sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- or in default of payment of fine to further undergo R.I. for a period of three months. It is against this order of conviction and sentence that the present appeal has been filed.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the appellant stated that he was innocent and has been falsely involved by arresting him from his house. He, however, led evidence in defence by examining Darshan Singh Librarian, SGTB Hospital, Amritsar as DW-1. He stated that he had brought the bed head ticket of Dalbiro. She was admitted in the hospital on 14th May, 1987 at 9.05 a.m. and expired on the same day at 10.15 p.m. He also stated that it was not clear from the bed head ticket as to who brought the patient in the hospital. In his cross-examination he admitted that there is mention in the bed head ticket that the patient was beaten by her husband.