BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 28.7.1997 of the Sessions Judge, Bhatinda whereby he convicted Bant Singh son of Bachan Singh under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 25,000/-, in default to further undergo RI for 2 years.

(2.) THE case of the prosecution is unfolded by the statement Ex. PE given by Jagsir Singh to Dinesh Kumar, SI/SHO, Rama on 5.8.1996 at 2 p.m. near the Rama Crossing. Jagsir Singh stated that he is a resident of Village Kot Shamir. He has six brothers and sisters. He has two elder sisters Jangir Kaur and Angrez Kaur who are married to Surjit Singh and Bant Singh respectively for the last 15 years. Hs brothers-in-law are real brothers, but they reside separately. Angrez Kaur has four daughters and one son. Jagsir Singh's brother-in-law Bant Singh used to beat his sister Angrez Kaur without any reason. About two months ago, Angrez Kaur was turned out of her house. A month back Jagsir Singh's mother Punjab Kaur requested Bant Singh to keep Angrez Kaur, which he agreed to do so. On 4.8.1996 Jagsir Singh along with his mother came to Village Rama to meet Angrez Kaur. They stayed for the night. In the morning on 5.8.1996, his two nieces and nephew left for school. The other two nieces left for the fields to fetch grass. At about 11.30 a.m. Jagsir Singh's mother Punjab Kaur, sister Angrez Kaur and his brother-in-law Bant and Jagsir Singh himself, were sitting and talking with each other in the courtyard. Bant Singh started quarreling with Angrez Kaur. Angrez Kaur got up and went to the room to lie down on the cot. Bant Singh thereafter got up and went inside the room. He picked up a Toka lying there and within their sight, he gave Toka blows which hit her on the neck, chin, cheek and arms. They raised a hue and cry on which Bant Singh ran away with the Toka. The motive for the commission of offence was that Bant Singh suspected that Angrez Kaur was a woman of loose character. On the basis of this statement FIR Ex. PE/1 was recorded on 5.8.1996 at 2.15 p.m. and the special report reached the JMIC, Bhatinda on the same day at 4.15 p.m.

(3.) LEARNED counsel for the appellant has argued that motive for the commission of offence has been admitted by the appellant when he gave his statement under Section 313 Cr.P.C. Jagsir Singh PW-2 who is the complainant and brother of the deceased, has also stated in his cross-examination that she had started improving her character. This is an admission that the deceased was a lady of loose character which was not tolerated by the appellant. Presence of both Jagsir Singh PW-2 and Punjab Kaur PW-3 brother and mother respectively of the deceased is not so as shown by the prosecution. Jagsir Singh PW-2 has stated that in the last 15 years since the marriage of his sister with the appellant, he had come only two times to her house. First, he had come on the marriage and the second time when the murder of his sister had taken place. In fact, Jagsir Singh PW-2 never visited his sister for this very reason, that she was a woman of immoral character. He has also stated that he never came to meet his nieces and nephews i.e. the sons and daughter of his sister.