JASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is instituted against judgment and order dated 4.2.2003, rendered by learned Sessions Judge, Amritsar, in Sessions Trial No. 34 of 2002. Appellant Jass was charged with and tried for the offence punishable under Section 302 IPC. He was convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) The case of the prosecution in a nutshell is that on 12.10.2001 statement was made by Mangat Ram son of Dhanna Ram, resident of village Dale Chak before Sub-Inspector Sukhdev Singh. It was stated in the complaint that he had two brothers and four sisters. Name of one of the sisters was Gurmit alias Seema. She was married to Jass son of Mahanga, resident of village Talwandi Nahar about five years back. She had given birth to two children. She was doubting character of her husband leading to frequent disputes. On 11.10.2001, his sister Gurmit alias Seema had sent a message to him that her husband Jass was giving beatings to her. He along with his nephew Satnam Singh reached village Talwandi Nahar. He had given counselling to his sister and her husband. They came back. On 12.10.2001, he came to know that his sister was again given beatings by her husband. They reached at the house of Gurmit alias Seema at about 6.00/6.30 A.M. When they entered the court-yard of the house, they saw that accused was sitting on the chest of Gurmit alias Seema and pressing her throat with his hands. They rushed towards Gurmit alias Seema but she was found dead. Accused Jass escaped from the spot. After leaving Satnam Singh to guard the dead-body, he went to the police station. His statement, Ex. PK, was recorded. The dead-body was sent for post-mortem examination. The post-mortem was conducted. 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 was convicted and sentenced, as noticed above. Hence, the present appeal.