LAWS(P&H)-2019-2-99

KAPOOR SINGH Vs. STATE OF PUNJAB

Decided On February 01, 2019
KAPOOR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 7/10/2010 rendered by the learned Sessions Judge, Mansa, in Sessions Case No.13 dtd. 6/8/2009 whereby the appellant, who was charged with and tried for offence punishable under Sec. 302 IPC, has been convicted thereunder and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.2000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(2.) The case of the prosecution in a nutshell is that on 4/3/2009 a ruqa was received from the Civil Hospital, Mansa, regarding a dead body of Darshan Kaur wife of Kapoor Singh, resident of Thuthianwali Road, Mansa. ASI Gursewak Singh reached the Civil Hospital, Mansa. They told ASI Gursewak Singh that son of deceased Darshan Kaur was studying at Chandigarh. They were waiting for him.The statement would be recorded after his arrival. On 5/3/2009 SI Balbir Chand along with ASI Gursewak Singh and other police officials reached the Civil Hospital, Mansa. Harmanpreet Kaur along with her maternal uncle Balkaran Singh met them near the gate of the Civil Hospital. She got recorded her statement to the effect that she was student of 10+2 class. Her father was a Government Teacher posted at village Burj Hari Ke. Her mother was posted at Government Dispensary at Thuthianwali. The relations between her parents were not cordial. Her father used to doubt the fidelity of her mother. Her father talked with her mother in nasty manner on 3/3/2009. She informed her maternal uncle. Her maternal uncle Balkaran Singh came to their house on 4/3/2009 at 4.00 P.M. Her uncle tried to pacify her parents. However, her father raised lalkara and proclaimed that she would be taught a lesson for having extra marital affairs. He lifted wooden 'Ghotna'. He gave two blows on the backside of head of her mother. Her mother collapsed. Her father ran away. Her mother was moved to the hospital. Her mother died on the way. Thereafter inquest report was prepared. The body was sent for post-mortem examination. The case property was deposited in the police malkhana. The challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statement of accused was recorded under Sec. 313 Cr.P.C. He denied the case of prosecution. The appellant was convicted and sentenced, as noticed hereinabove. Hence the appeal.