MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 25.11.2002 of the Sessions Judge, Ferozepur whereby he convicted Malkiat Singh son of Mohinder Singh under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The case of the prosecution is unfolded by the statement of Mohinder Singh made to Major Singh, SHO, Police Station Mallanwala at Mallanwala Chowk on 4.10.1997 at 6.35 AM. Mohinder Singh stated that he is resident of Village Langeana Purana and does labour work. His daughter Bamber Kaur was married to Malkiat Singh son of Mohinder Singh, resident of Kohala about 13/14 years back. She gave birth to three sons. Malkiat Singh had suspicion regarding the character of his daughter. They both quarreled with each other due to this. Earlier compromise had been effected by the Panchayat, two-three times. On 3.10.1997 in the morning, his daughter Bamber Kaur came to Village Langeana and told him that her husband picked up fights with her and he should accompany her to stop her husband from quarrelling with her. She (daughter) thereafter went to Village Kohala. In the evening, Mohinder Singh along with his cousin brother Chand Singh son of Munshi Singh, the son of his Taiya (father's elder brother), reached the house of his daughter. On reaching, they came to know that Malkiat Singh had gone to do labour work on a combine harvester.

(3.) At night after taking meals, he and Chand Singh went to sleep inside the Kotha. Bamber Kaur along with her children was sleeping in the courtyard, outside. At about 3.00 A.M., Bamber Kaur's husband Malkiat Singh came to the house and started quarrelling with her, saying that she had illicit relations with Baljit Singh @ Banta. On hearing a noise, he and his brother Chand Singh came out of the Kotha. They saw that Malkit Singh, who was armed with a Kahi, giving a blow, in a straight manner on the head of Bamber Kaur. Bamber Kaur fell down. Malkiat Singh gave another Kahi blow, which hit on her neck and face. Bamber Kaur died on the spot.