Decided on March 23,1984

STATE Respondents


S.S.BYAS, J. - (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.
It so happened that on 6 -6 -73, the accused was located by PW 2 Bihari Lal, the Station House Officer, Police Station, Jalalabad, District Firozpur (Punjab), on the road at Jalalabad. The movenunts of the appellant were suspicious. The S HO, Bihari Lal (PW 2) detained him and took his search. Three gold Mohurs were fouud in his possession. They were seized and sealed and the seizure memo was prepared. On interrogation, the appellant told the SHO, Bihari Lal (PW 2) that he had also pledged a pair of gold ear -rings and Balias to one Sohanlal (PW 6). The SHO, Bihari Lal, sent for Sohan Lal. He produced the gold Balias.

(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:
INJURIES: (1) An abrasion on left fore arm posteriorly middle part 1' x 1/4' (2) An abrasion on right knee anteriorly 1/2' x 1/4' (3) An abrasion on left knee anteriorly 1/4' x 1/4' (4) An abrasion on right anterior superiod iliac spine 1' x 1/4' (5) Left ear lobule torn in its lower part 1/2' x 1/4' (6) Ecchimosis and swelling of both eye lid on both side present (7) An incised wound on the right pinna of ear 1' x 1/4' x cartilege deep (8) An incised wound on right parotid area from tragus toward the zygoma 2 1/2' x 3/4' x bone deep (9) An incised wound on right mastoid area across the right pinna of the ear 1 1/2' x 3/4' x bone deep (10) A contusion on right cheek and right forehead across the eye 3' x 2' (11) A contusion on the right temporal area 3' x 2' (12, A contusion on the left tempro frontal area 2' x 2' (13) Fracture of the right maxillary (Sinuses) bone present (14) Fracture of the left front bone present (15) Membrances in the fracture area injured (16) Blood clots present on the brain on its anterior part.
All these injuries were ante -mortem in nature and were sufficient to cause death in the ordinary course of nature. In the opinion of Dr. Beniwal, the cause of death were multiple injuries leading to haemorrhage and shock and finally resulting in death. The post mortem examination report issued by him is Ex. P/9. The accused, who was arrested in Punjab, was brought by the Investigation Officer at Police Station, Chunawat. The gold ornaments recovered from the possession of the accused were put for test identification and were correctly identified by PW. 9 Kartarsingh as belonging to his wife Mst. Narayan Kaur. On the completion of investigation, the police submitted a challan against the accused in the Court of Additional Munsif and Judicial Magistrate, Ganganagar who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sections 392, 404 and 302, IPC against the accused to which he pleaded not guilty and faced the trial. During trial, the prosecution examined nine witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge held the accused guilty. The accused was consequently convicted and sentenced, as mentioned at the very out -set.

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