BUTA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is instituted against the judgment and order dated 3.1.2003, rendered by Additional Sessions Judge (Adhoc), Fast Track Court, Patiala, in Sessions Case No. 4/18.1.2001, vide which accused Buta Singh, Sushma, Satya Wanti and Sanjiv Kumar alias Sonu, were charged with and tried for the offences punishable under Sections 302/109/34 IPC.

(2.) Accused Satya Wanti and Sanjiv Kumar alias Sonu were convicted and sentenced under Sections 302/34 IPC to undergo life imprisonment and to pay fine of Rs. 1,000/-, each. Accused Buta Singh and Sushma were convicted and sentenced under Section 109 IPC read with Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 1,000/-, each. In default of payment of fine, each accused was directed to further undergo rigorous imprisonment for six months.

(3.) The case of the prosecution in a nutshell is that on 7.8.2000, Sub-Inspector William Jeji, SHO, Police Station, Rajpura, along with ASI Pawan Kumar and other police officials was present in Gagan Chowk, Rajpura. PW6 Gulshan Kumar lodged a complaint with him. According to him, Raj Kishan son of Puran Chand Pandit resident of Chhitan Wala (Nabha) was the son of his wife Jagdish Rani's maternal uncle and was his brother-in-law. Ram Kishan was on visiting terms to the house of Khem Chand resident of Chhajju Majri. Sushma Rani daughter of Khem Chand was previously married at Ludhiana. She was divorced. Then they arranged marriage of Sushma with Ram Kishan, which was solemnized in the year 1995. The relations between Ram Kishan and Sushma were strained. Yesterday at about 8.00 P.M. Ram Kishan had come to him at his shop. He told him that he was going to the house of his mother-in-law to see his son. That day i.e. 7.8.2000 at about 7.00 A.M., he was going outside to ease himself when he heard ruckus in mohalla that a dead-body of a man was lying in the vacant plot adjoining to the house of Satya Devi. He reached at the spot. He found the dead-body of Ram Kishan. Ram Kishan was murdered by some unknown person. He informed Kewal Sharma and Sonu Sharma brothers of Ram Kishan. Statement is Ex.PG. Police took into possession the clothes of the deceased. Inquest report was prepared vide Ex.PD. Post-mortem was conducted on the dead-body of Ram Kishan. Photographs were also taken. Investigation was completed and challan was put up after completion of all the codal formalities.