SANTA SINGH Vs. STATE

JUDGEMENT

(1.) BY his judgment dated May 7, 1979, the learned Sessions Judge, Sriganganagar convicted the accused Santasingh under Sections 302 and 392, IPC and sentenced him to imprisonment for life with a fine of Rs. 200/ -in default of payment of fine to further undergo six months' rigorous imprisonment on the first count and five years' rigorous imprisonment with a fine of Rs. 200/ -, in default of payment of fine to further undergo six months' like imprisonment on the second count. Substantive sentences were directed to run concurrently, while those in default of payment of fine consecutively.

(2.) THE prosecution case is short and simple. Briefly stated, it is that the deceased -victim Mst. Narayan Kaur was the wife of PW 1 Kartar Singh and was living with him in his house situate ii 11 -3G Chhoti, Police Station, Chuaawat, District Sri Ganganagar. The appellant is the real nephew of PW 1 Kartar Singh. He lives in Jalalabad (Punjab), but used to come to 11 -G Chhoti at the house of Kartar Singh off and on. It is alleged that the accused came to the house of PW. 1 Kartar Siogh on 21 -5 -78 and stayed with him in his house. The accused told Kartar Sihgh that he had come in search of job. Kartar Singh and his son Satnam Singh went to their field leaving the appellant and Mit. Narayan Kaur there in the house. Next day in the morning when Kartar Sipgh returned from the field, he found Mst. Narayan Kaur lying murdered in a Kotha. Mst. Narayan Kaur was wearing gold ear -rings and gold Mohurs. Both these lornaments were found missing. Kartar Singh went to police Station Chunawat and verbally lodged report Ex. P/I of the occurrence mentioning there in all these details that the appellant had come to his house and was no more available. The police registered a case and proceeded with investigation.

(3.) THE post mortem examination of the victim's dead body was conducted by Dr. K.L. Bsniwal (PW. 4)the then Medical Officer -in -charge, Government Dispensary, Gulabawala at about 2.00 PM on 22 -5 -78. The following numerous injuries were found on her person: