GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURNAM Singh Appellant was brought to trial before the Court of Sessions Judge, Amritsar, on the charge of murdering his own wife Smt. Viro deceased and having been found guilty thereof, was convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 10,000/- or in default to undergo further rigorous imprisonment for two years. He appeals.

(2.) THE prosecution case is that Gurnam Singh accused was married to Smt. Viro about 1-1/2 years prior to the present occurrence. For the first 6/7 months, his relations with his wife remained cordial. Thereafter, he started giving her, beatings, and making demands for money. He got her medically examined, and, the doctor had confirmed that she was barren and on that account, the accused had been giving out threats to kill her. It is alleged that about 4 or 5 months prior to the Present occurrence, the accused turned Smt. Viro out of his house after giving beating to her. The relations of Smt. Viro intervened and the accused was prevailed upon to take Smt. Viro back to his house. Five or six days before this occurrence, Smt. Viro visited her parents house, and complained of ill-treatment on the part of the accused. She then did not want to return to the house of the accused as she had the apprehension that the accused, would kill her. The accused then visited the house of his in-laws and took Smt. Viro with him after giving assurance that he would not ill-treat her. Chhinda, a relation of Smt. Viro, visited her and she complained to him of ill-treatment of the accused, and also told him that her parents be informed that she should be taken back, as the accused would kill her. On the basis of this information, Smt. Viro's father and other relations visited the house of the accused, where they found Smt. Viro lying dead. On inquiry by the parents of the deceased, the parents of the accused could not furnish any satisfactory explanation. Gurdial Singh father of the deceased having found a ligature mark on the neck of Smt. Viro, contacted the police and made a statement Ex PE, on the basis of which formal FIR Ex. PE/2 was registered at Police Station, Lopoke. Gurbhag Singh, Assistant Sub Inspector PW 11 went to the house of the accused and found the dead body of Smt. Viro lying on a cot in the courtyard. He. held inquest Ex. PC and sent the dead body to the mortuary for autopsy. Sub Inspector Balkar Singh who took over the investigation from Gurbhag Singh, found a rope lying near the dead body. The Sub-Inspector inspected the spot and prepared its visual plan Ex. PE. The accused was searched but he was not traceable. On 22-6-1985, the accused was produced by Comn. Rattan Singh and then he was formally arrested by the said Sub-Inspector. On the same day, the accused was interrogated and he suffered disclosure statement leading to the recovery of pieces of rope Exs. P. I and P. 2 from the specified place of concealment. Dr. Jaspal Singh PW1 conducted autopsy on the dead body of Smt Viro on 19-6-1985 and found the following :

(3.) THERE is also unimpeachable evidence of Gurdial Singh PW 2 and Shangara Singh PW 3 that the appellant had strained relations with his wife Smt. Viro deceased because she did not bear children. Both these witnesses have consistently stated that the deceased had been complaining of the illtreatment at the hands of the appellant and that when she last visited her parents house, she did not want to return to the house of the appellant. However, when the appellant insisted and assured her of good conduct, she accompanied him to his house. It emerges from the record that when Chhinda Singh PW 8, a cousin of the deceased, happened to visit the house of the appellant a day prior to the present occurrence, the deceased complained to him of ill-treatment by the appellant. When Chhinda Singh reported the matter to his uncle Gurdial Singh, the latter visited the house of the appellant at village Bhilowal, where they found Smt. Viro lying dead. On this state of evidence, it is reasonable and legitimate to find that the appellant had the impelling motive to commit the crime.