JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment dated 17.08.2002 and order dated 21.08.2002, rendered by learned Additional Sessions Judge, Barnala, in Sessions Case No. 71 of 2000, whereby appellant Jagsir Singh, who was charged with and tried for the offence punishable under Section 302 IPC, was convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for one month.

(2.) The case of the prosecution, in a nutshell, is that Joginder Kaur, real sister of Jaggi Singh complainant (PW.2), was married to Jagsir Singh of Pakho Kalan about eight years before the day of occurrence. His other sister Kiranjit Kaur was married to Nikka Singh, brother of Jagsir Singh. The mother of Jaggi Singh complainant died before the marriage of his sisters. Jaggi Singh was brought up by Joginder Kaur. Jaggi Singh started residing in the house of in-laws of Joginder Kaur. He was labourer. Jagsir Singh was an alcoholic. On 31.07.2000, at about 8.30 PM, Joginder Kaur was cooking meals in the light of electric bulb. Jaggi Singh sat to take meals. Jagsir Singh came from outside. He abused Joginder Kaur. He asked her where was she on that particular day. Joginder Kaur told him that she had gone to the house of Mukand Singh for working as labourer. In the meanwhile, Jagsir Singh picked up a Daah from the room. In the presence of Jaggi Singh, he gave a Daah blow underneath the right ear of Joginder Kaur. She fell down. Jagsir Singh, thereafter, gave two more Daah blows on the neck of Joginder Kaur. Jaggi Singh raised alarm. A number of persons came on the spot. Kiranjit Kaur, another sister of Jaggi Singh, also came on the spot. He narrated the mode and manner, in which the occurrence took place, to Kiranjit Kaur. He left for the police station. He lodged the report vide Ex.PD. FIR Ex.PD/2 was registered. The inquest report Ex.PM was prepared. The body was sent for post-mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The appellant was also examined under Section 313 Cr.P.C. He denied the case of the prosecution. According to him, he was falsely implicated. He examined one witness in support of his defence.