SUKHDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal preferred by accused -appellant Sukhdev Singh against the judgment dated 8.1.2003 passed by Special Additional Sessions Judge (Women Atrocities and Dowry Prohibition Act) cases, Sriganganagar in Sessions Case No.4/2001 whereby the accused-appellant was convicted under Section 302 I.P.C. for the murder of his wife and was sentenced to undergo life imprisonment and to pay a fine of Rs.1000/-; in default of payment of fine to further undergo 6 months rigorous imprisonment.

(2.) Briefly stated the facts as narrated by the prosecution are that on 10.10.2000 at about 6.00 a.m. an oral report was given by Kulwant Singh to the police station, Matilirathan stating therein that his sisters elder one Narendra Kaur and younger one Paramjeet Kaur were married to Sukhdev Singh and Jaspal Singh, both real brothers having their 'kotha'(house) adjacent with a short boundary wall in between. He along with his wife Sarbjeet Kaur used to live in the house of Jaspal Singh. On the intervening night of 9.10.2000 and 10.10.2000, he along with Jaspal Singh were sleeping outside the room and his wife and his sister were sleeping on the terrace. His sister Narendra Kaur and Sukhdev Singh were sleeping in their own room which is adjacent to the room of Jaspal Singh. At about 1.00 a.m., in the night, after hearing commotion and waking up, he along with wife and brother-in-law Jaspal Singh reached in the room of Sukhdev Singh, they found Sukhdev Singh standing near the cot where his sister Narendra Kaur was lying having a neck cut injury, from which blood was oozing out. Seeing them, Sukhdev Singh fled away with 'kasiya'. On this report, police after due investigation submitted a challan under Section 302 I.P.C. against the accused.

(3.) The accused denied the charges levelled against him under Section 302 I.P.C. and claimed for trial. The prosecution in all produced 10 witnesses and exhibited documents Ex.-P/1 to Ex.-P/28. The accused-appellant in his statement under Section 313 Cr.P.C. denied all the allegation of prosecution witnesses and gave out that he had gone to his sister Pummy's house at Barnala before 4-5 days of the incident. The accused for his alibi produced two witnesses in defence. The learned trial court after analysing the fact and evaluating the prosecution and defence evidence, convicted the accused-appellant for the offence charged and punished him as aforesaid.