LAWS(P&H)-2019-2-49

BALKAR SINGH Vs. STATE OF PUNJAB

Decided On February 08, 2019
BALKAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This appeal is instituted against judgment dated 01.12.2003 and order dated 03.12.2003, rendered by learned Additional Sessions Judge, Kapurthala, in Sessions Case No. 11 dated 06.02.2002, whereby the appellant, who was charged with and tried for the offence punishable under Sec. 302 of the Indian Penal Code, was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000.00, and in default of payment of fine to undergo further rigorous imprisonment for a period of one month under Sec. 302 IPC.

(2.) The case of the prosecution, in a nutshell, is that Balwinder Ram (PW.4), brother of the deceased, was resident of village Begowal. His youngest sister Rani alias Jaswinder Kaur was married to Balkar Singh. Jaswinder Kaur could not bear any child. Balkar Singh, brother-in-law of Balwinder Ram, used to quarrel with Jaswinder Kaur. He wanted to get rid of her. He also wanted to contract second marriage. Jaswinder Kaur used to tell her parents about the maltreatment meted out to her by her husband. About one month prior to 24.12.2001, Balwinder Ram, his father Gurdial Ram, Municipal Councillor Baldhar Ram and Municipal Councillor Mohinder Pal had gone to the house of Balkar Singh. They prevailed upon Balkar Singh and requested him to rehabilitate Jaswinder Kaur. On 23.12.2001, Balwinder Ram visited village Tajpur. However, he went to the house of Balkar Singh, to enquire about the welfare of his sister, at about 10.30 P.M. The door was bolted from inside. However, the lights were on. He heard the voice from inside. He pushed the door. Door opened. He entered the room. He saw that Balkar Singh had put a string (rope) around the neck of Jaswinder Kaur alias Rani. Balkar Singh was pulling the same with an intention to kill her. Jaswinder Kaur alias Rani died. Balkar Singh ran away. He went to his village. His statement Ex.PB was recorded. The dead body was sent for post-mortem examination. Site plan Ex.PH was prepared. Inquest report is Ex.PJ. FIR Ex.PC was registered and challan was put up after completing all the codal formalities.

(3.) The prosecution has examined a number of witnesses. Accused was also examined under Sec. 313 Crimial P.C. He denied the case of the prosecution and took the defence that he had very cordial relations with his wife. He never maltreated her. She could not bear a child, due to which she remained under constant pressure. He used to console her. She committed suicide. He was not present in the house on the day of occurrence. When he came, he informed Balwinder Ram (PW.4) and father of Balwinder Ram regarding the suicide committed by the deceased. In his defence, the accused examined Jarnail Singh (DW.1).