JANGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Jangir Singh has filed this appeal against the judgment of conviction and order of sentence dtd. 27/5/2014, passed by learned Additional Sessions Judge, Fazilka, whereby, he was convicted under Sec. 302 IPC and sentenced to life imprisonment and fine of Rs.5,000.00, in default thereof, to undergo further rigorous imprisonment for one year. The period of detention already undergone by the accused was ordered to be set off against the substantive sentence.

(2.) Case of the prosecution is that on 14/11/2012, Avtar Singh (PW8) was present in his house along with his family. His younger sister Sheela Bai (PW9), who was married at village Nawan, district Hanumangarh (Rajasthan) had come to meet them. At about 6.00 p.m., his father Jangir Singh had a quarrel with Dharmo Bai, mother of the complainant, as Dharmo Bai was stopping Jangir Singh from drinking liquor. Thereafter, Avtar Singh and his sister resolved the matter. Avtar Singh complainant along with his wife and mother Dharmo Bai and sister Sheela Bai slept in one room. Jangir Singh slept alone in one room. At about 9.00 p.m., mother of the complainant Dharmo Bai came out from the room for urinating. Thereafter, accused Jangir Singh came out of his room carrying an iron rod. He threw Dharmo Bai on ground and started giving iron rod blows on the face, head and both arms of Dharmo Bai. Light of the courtyard was on. As Dharmo Bai raised alarm Marta Marta, Avtar Singh and Sheela Bai got up. Sheela Bai got released her mother from her father. Jangir Singh ran away from the spot alongwith iron rod. Avtar Singh then made a phone call on phone number 108 and called Ambulance. Dharmo Bai was shifted to Civil Hospital, Fazilka. However, considering her serious condition, she was referred to Medical College and Hospital, Faridkot, where she ultimately succumbed to injuries on 23/11/2012.

(3.) On 15/11/2012, on receiving a wireless message from PS City Fazilka, a police party led by ASI Kartar Singh visited Civil Hospital, Fazilka, where they obtained MLR of injured Dharmo Bai, in which, eight injuries were shown with blunt weapon. All the injuries were kept under observation for expert opinion and X-ray. However, police party was informed by the doctor that the injured has been referred to Medical College, Faridkot. Police accordingly recorded DDR on 15/11/2012 (Ex. PF). Thereafter, on 16/11/2012, ASI Kartar Singh along with fellow officials visited Medical College and Hospital, Faridkot, where doctor opined that Dharmo Bai is unfit to make statement. However, Avtar Singh complainant met the investigating officer and told him that it is a family dispute and that they will get statement of his mother recorded after her recovery. Police party again returned back and recorded the Daily Diary Report in their register. On 23/11/2012, a telephonic message was received from Mukhtiar Singh son of Jangir Singh accused that Dharmo Bai has died. Whereupon, Inspector Darshan Singh accompanied by the fellow officials visited Medical College and Hospital, Faridkot, where, Avtar Singh son of Jangir Singh made a statement (EX. PN), which formed the basis of formal FIR (EX. PB). Inquest report (EX. PQ) was prepared. Postmortem of the dead body was got conducted. Site plan (Ex. PS) of place of occurrence was also prepared.