GURDAS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Gurdas Singh accused- appellant against the judgment and order dated February 4, 2000 passed by learned Sessions Judge, Bathinda, whereby, he was convicted for the offence punishable under Section 302 of Indian Penal Code (for short 'the IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- with default stipulation.

(2.) GURDAS Singh, accused-appellant is husband of Sarabjit Kaur (deceased). They got married in the year 1989. Two children were born out of the wedlock. The spouses had strained relations. On May 24, 1997, Sarabjit Kaur sent a message to her father Kulwant Singh (PW-2) that she was being harassed by Gurdas Singh and asked him to reach at her in laws house. Kulwant Singh along with Harnek Singh and Din Attar Singh reached the house of the accused on the same day. Sarabjit Kaur narrated to her father and above named two persons that she was being harassed by Gurdas Singh on petty matters. They consoled her and asked her that they would convene a Panchayat in the morning, that is on May 25, 1997 to settle the matter. Kulwlant Singh, Harnek Singh and Din Attar Singh slept on the first floor of the house of the accused. Gurdas Singh accused-appellant and Sarabjit Kaur (deceased) slept in the varandaha of the house on the ground floor. At about 3 A.M., Kulwant Singh got up to answer the call of nature and noticed that Gurdas Singh and Sarabjit Kaur were quarreling. Gurdas Singh was armed with an axe. Kulwant Singh raised alarm. Harnek Singh and Din Attar Singh also got up. Within their view, Gurdas Singh gave two axe blows, one after the other on the neck of Sarabjit Kaur. Sarabjit Kaur died instantaneously. Accused managed his escape with the weapon, that is, the axe from the spot.

(3.) GURDAS Singh was arrested on May 27, 1997. He was interrogated by Amarjit Singh (PW-5) and he made disclosure statement (Exhibit PG) in the presence of Hukam Chand, Assistant Sub-Inspector (PW-4) and Kaur Singh that he had kept concealed an axe underneath the heap of cotton sticks in his field situated in village Lelewala. In pursuance of the disclosure statement (Exhibit PG), the accused-appellant led the police party to the disclosed place and got recovered the axe (Exhbit P-1). Sketch (Exhibit PG/1) of the axe was prepared. The same was taken in possession vide seizure memorandum (Exhibit PG/2).