SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 8.5.2003, rendered by learned Sessions Judge, Gurdaspur, in Sessions Case No. 41 of 2001, vide which accused Sarabjit Singh was charged with and tried for the offences punishable under Section 302 IPC. He was convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution in a nutshell is that PW6 Narinjan Singh PW6 is the complainant. He was resident of village Bhattian. According to him, his daughter Ramandeep Kaur was married with accused Sarabjit Singh resident of village Bhambri. On 12.7.2001 at about 2.00 P.M., he along with his wife Surjit Kaur (PW7) and son Gurnam Singh had gone to their daughter Ramandeep Kaur at village Bhambri. His daughter and son-in-law were present in the house. The accused picked up quarrel with them and asked to send his sister back to his house and take their daughter Ramandeep Kaur. He was persuaded by the complainant. He sent back his son Gurnam Singh to village Bhattian. His daughter Ramandeep Kaur insisted upon them to stay for the night to which they agreed. He and his wife took the meals and slept in a separate room, whereas his daughter and accused Sarabjit Singh also slept in a separate room. On 13.7.2001 at about 4.30 A.M., they heard shrieks of their daughter emanating from the room. He and his wife woke up. They saw their son-inlaw Sarabjit Singh armed with a dattar hitting on the face of their daughter. They raised hue and cry. Accused threatened to kill them. They bolted the door out of panic. They witnessed the incident in the electric bulb light. Thereafter, the accused fled away from the spot with dattar. They entered the room of his daughter and found her in a pool of blood. They raised hue and cry but no neighbour came to the spot. The complainant left his wife Surjit Kaur near the dead-body and went to lodge the report. His statement, Ex.PG, was recorded by DSP Baldev Singh. On 13.7.2001 DSP Baldev Singh along with ASI Narinder Singh and SHO Satwant Singh were present at Adda Harchowal, where he recorded the statement, Ex.PG. Inquest report was prepared. The post-mortem was conducted by Dr. Amandip Singh. The cause of death was due to injuries inflicted on the body. All the injuries were ante mortem in nature. The probable time between injuries and death was almost immediate. The time between death and post-mortem was within 24 hours. 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. He examined DW1 Rajwinder Kaur in defence. He was convicted and sentenced, as noticed above. Hence, the present appeal.