SHINGARA SINGH Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence passed by the learned Sessions Judge, Chandigarh, whereby Shingara Singh accused-appellant was convicted under Section 302, Indian Penal Code, for committing the murder of his wife Smt. Palwinder Kaur and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- (Rupees One thousand only) or in default of payment thereof to undergo further rigorous imprisonment for three months. Feeling aggrieved against his conviction and sentence he has filed the present appeal before this Court.

(2.) AS is apparent, the ball in the instant case has been set rolling by he appellant himself by lodging the First Information Report Exhibit PA/1 on 15-4-1985 at 8-30 A.M. The First Information Report was scribed by P.W. 21. Om Parkash Inspector on the basis of the statement of the appellant recorded at his house that very morning, Broadly, it was stated therein that on the fateful day, as usual, he had gone out for a walk and on return be found his wife lying murdered on the bed, with a portion of her neck hanging therefrom. On a careful watch he found a long abrasion mark on her neck Somebody had committed the murder of his wife by means of some cord or electric wire. According to the appellant Shingara Singh he was fatly confident that the son of Shamsher Singh, his landlord, who was serving in the Army as a Colonel either himself strangulated his wife to death or got it done by his own man as the landlord wanted to get the house vacated from him.

(3.) THE prosecution in order to establish its case has relied upon several circumstances, namely, (a) motive, (b) disclosure statement of the appellant Exhibit PT, (c) recoveries effected in pursuance of the abovementioned statement viz. (i) keys bunch Exhibit P,11 and pillow cover Exhibit P, 2 and the wire Exhibit P. 1, (d) Ocular testimony of certain prosecution Witness, (e) letter Exhibit PH written by the appellant to Miss Sucheta Kumari, (f) unnatural conduct of the appellant after the commission of the crime and (g) the extra-judicial confession made before Jagjit Singh PW 18.