LAWS(HPH)-2005-4-7

HARJINDER SINGH @ GOLDI Vs. STATE OF HIMACHAL PRADESH

Decided On April 08, 2005
Harjinder Singh @ Goldi Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment recorded by learned Sessions Judge, Chamba Division, Chamba dated September 21, 2002 whereby the appellant Harjinder Singh, hereinafter referred to as "the accused", has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer simple imprisonment for life and fine of Rs. 10,000/ . In case of default in the payment of fine, the accused is to suffer further simple imprisonment for one year. The prosecution case:

(2.) SHIVDEEP Kaur (hereinafter referred to as the "deceased"), daughter of Buta Singh was married to Harjinder Singh @ Goldi (hereinafter referred to as the "accused") in the year 1999. Accused was not gainfully employed. At the relevant time, deceased was living in her matrimonial home in Canadian Colony, Khairi in the District of Chamba with her in laws. Accused used to quarrel with his wife. Her parental house was also in Canadian Colony at Khairi but accused would not permit his wife to go to her parental house. On June 25, 2000, deceased wanted to go to her parental house. The accused resisted. Arguments ensued. The accused picked up a sharp edged instrument and hit it on the head of Shivdeep Kaur which resulted in her death.

(3.) DR . Manju Mittal (P.W. 8) who conducted the post mortem on the dead body of deceased found the following injuries on her person: