JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 14.3.2003 rendered by Sessions Judge, Amritsar, in Sessions Case No. 15 of 2002, whereby the accused Jaswant Singh was charged with and tried for the offence punishable under Section 302 IPC. He was convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 1,000/- and in default of payment of fine, he was directed to further undergo rigorous imprisonment for six months.

(2.) The case of the prosecution in a nutshell is that on 30.12.2001 a police party headed by Sub-Inspector Amrik Singh, SHO Khemkaran, was on patrolling duty. Smt. Narinder Kaur (PW5) and her husband Balbir Singh met him and made a statement before him that her sister Joginder Kaur was married about twenty years back with Jaswant Singh. Her sister had given birth to one daughter, namely, Kulwinder Kaur. Jaswant Singh used to quarrel with her sister that she had not given birth to a son. She and her husband Balbir Singh used to counsel accused Jaswant Singh. On 29.12.2001, at about 7.00 P.M., Smt. Joginder Kaur and Jaswant Singh had come to her house. She talked to them. The daughter of the accused had gone to the house of her father's sister Sukhwinder Kaur on 28.12.2001 at village Varnala. She visited the house of Joginder Kaur on 30.12.2001 at about 9.00 A.M. The outer door of the house of Jaswant Singh was found locked. She entered the house from the house of Mohinder Singh. She saw that her sister Joginder Kaur was lying dead in a pool of blood on a cot inside the room. She noticed injuries on her head, forehead and mouth. According to her, Jaswant Singh had murdered Joginder Kaur. FIR, Ex.PG/3 was recorded. The inquest report was prepared. The site plan was prepared. Blood-stained quilt was seized. Blood stained piece of pillow along with blood stained Talai was also recovered. The body was sent for post-mortem examination. The accused was arrested on 1.1.2002. He was interrogated. He made a disclosure statement and got recovered one wooden leg (muni of the rehra) and one other wooden piece from his house, which he kept concealed under the toori. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statement of the accused was also recorded under Section 313 Cr.P.C. He denied the case of the prosecution and examined DW1 Amrik Singh in defence. He was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.