LAWS(P&H)-1978-10-23

BHAG SINGH Vs. THE STATE OF HARYANA

Decided On October 20, 1978
BHAG SINGH Appellant
V/S
The State Of Haryana Respondents

JUDGEMENT

(1.) BHAG Singh accused stands convicted under section 302 read with section 34 and Section 458, Indian Penal Code, by the order of the Sessions Judge, Hissar, dated 30 -9 -1973 He has been sentenced to life imprisonment and a fine of Rs. 200/ or in default to undergo rigorous imprisonment for six months under the first count and two years rigorous imprisonment under the second count. Both the substantive sentences have been ordered to run concurrently. His co accused Sampuran Singh and Manjit Singh have been given the benefit of doubt and acquitted.

(2.) BHAG Singh accused was married to Dalip Kaur (now deceased) and five sons were born out of this wedlock. The accused had land in two villages namely, Desu Malkana and Tangrali. He started suspecting his wife Dalip Kaur to be having illicit liaison with his brother Karnail Singh and on that account there was estrangement between the accused and his wife. About two years prior to the present occurrence, the accused started living with his brother Roop Singh Thereafter, he left the village and started living with Sampuran Singh and Manjit Singh, brothers of the deceased. It is stated that Sampuran Singh and Manjit Singh were also not happy with Smt. Dalip Kaur for her having illicit relations with Karnail Singh About four days prior so the present occurrence, Bhag Singh and his co -accused Sampuran Singh and Manjit Singh (Since acquitted), started working in the per of Roop Singh. A day prior to this occurrence, the accused Bhag Singh cultivated the land which was in the possession of his son Harbhajan Singh and Kaur Singh etc, but the latter again cultivated the same and that was stated to be the immediate cause of this occurrence.

(3.) DR . K.V. Singh (P.W. 15) conducted autopsy on the dead body of Dalip Kaur on 10.5.1974 and found an injury of the following description: - -