SHIV DAYAL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment of conviction and order of sentence dated 18.12.2002 passed by the Sessions Judge, Gurdaspur, vide which the appellant Shiv Dayal has been held guilty for having committed the murder of his wife Smt. Kanta and has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2,000/ -. In default of payment of fine, the appellant has been ordered to further undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution is unfolded by PW5 Tarjit Lal, brother of the deceased -Smt. Kanta, who stated that they are three brothers and four sisters, out of whom his sister, namely, Kanta was married to Shiv Dayal @ Mittu son of Inderjit, resident of village Malwe -de -Kothi, Batala, about 12/13 years ago. His sister has two daughters and a son. It was stated that his sister's husband was a labourer by profession and he used to often quarrel with the complainant's sister. It was further stated by the complainant that on 3.6.2001 he along with his brother Charan Dass, who was employed in the Army, had gone to the house of their sister Smt. Kanta at about 9 A.M. At that time, his sister Kanta and brother -in -law Shiv Dayal were quarreling with each other while sitting in the room of their house. The complainant and his brother advised both his sister and brother -in -law that they should not quarrel with each other. Kanta told them that her husband is sitting idle for the last 3/4 days and is not going for doing the labour work. This infuriated Shiv Dayal who became very angry and took out a Datar from under the bed lying in the room and within their sight gave 3/4 blows with his Datar on the neck of the complainant's sister Kanta which hit her on the left side of her neck. On receiving the blows, Kanta fell down on the ground, stained with blood. She died on the spot. Shiv Dayal tried to run away from the spot but the complainant and his brother overpowered Shiv Dayal along with the blood stained Datar and caught him. In the meantime, Balwant Rai and Bachan Dass, Members Panchayat, residents of the same village, came at the spot. The complainant left the dead body in the care of his brother Charan Dass, Balwant Rai and Bachan Dass and proceeded to the Police Station to lodge the report. On the way, he met Balbir Singh, Inspector CIA Staff Batala, to whom he narrated the entire incident. On the basis of the statement Ex. PF made by Tarjit Lal, formal FIR Ex. PF/2 was recorded by SI Hardev Singh at 11:45 A.M. on 3.6.2001 at Police Station Sadar, Batala.

(3.) ON 3.6.2001, PW1 Dr. Sukhdeep Singh, Medical Officer, Civil Hospital Batala, conducted the post -mortem examination on the dead body of Smt. Kanta and found the following injuries: