SUKHJIT SINGH Vs. STATE OF PUNJAB
LAWS(SC)-2014-9-110
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
September 11,2014
SUKHJIT SINGH
Appellant
VERSUS
STATE OF PUNJAB
Respondents
Referred Judgements :-
TARA SINGH VS. STATE [REFERRED TO]HATE SINGH BHAGAT SINGH VS. STATE OF MADHYA BHARAT [REFERRED TO]
AJAY SINGH VS. STATE OF MAHARASHTRA [REFERRED TO]
RANVIR YADAV VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
BHUKHI YADAV S/O SUKHANDAN SINGH AND OTHERS VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-375] [REFERRED TO]RAJ KUMAR VS. STATE (NCT OF DELHI) [LAWS(SC)-2023-5-63] [REFERRED TO]
JAWAHAR ALIAS BABU RAM VS. STATE OF U.P. [LAWS(ALL)-2020-1-291] [REFERRED TO]
BHOORA KHAN @ BHALU VS. STATE OF U.P. [LAWS(ALL)-2016-7-125] [REFERRED]
HABIBBHAI SABURBHAI MALEK VS. STATE OF GUJARAT [LAWS(GJH)-2017-9-155] [REFERRED TO]
RAGHU MAHTO @ RAGHU NATH MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2018-1-57] [REFERRED TO]
VIDYA SAH, SON OF SHEETAL SAH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-83] [REFERRED TO]
BINDESHWARI MANDAL, SON OF SUDHESHWAR YADAV VS. THE STATE OF BIHAR [LAWS(PAT)-2018-2-158] [REFERRED TO]
JUNAB MIAN AND OTHERS VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-2018-2-237] [REFERRED TO]
ARBIND KUMAR, SON OF BIDYANAND SINGH VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-392] [REFERRED TO]
HARDIP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-12-284] [REFERRED TO]
RAMASHISH MALAKAR VS. STATE OF BIHAR [LAWS(PAT)-2018-3-296] [REFERRED TO]
NAGESHWAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2018-3-281] [REFERRED TO]
PHUL KUMARI DEVI WIFE OF HAZARI YADAV VS. STATE OF BIHAR [LAWS(PAT)-2018-5-65] [REFERRED TO]
KAUSHAL KISHORE RAI AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-351] [REFERRED TO]
ASHOK KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2018-2-99] [REFERRED TO]
PRADEEP KUMAR BEYAHUT VS. STATE OF BIHAR [LAWS(PAT)-2018-2-265] [REFERRED TO]
MANIK BIND @ MANIKI BIND @ MANIK VS. STATE OF BIHAR [LAWS(PAT)-2018-1-52] [REFERRED TO]
MOHD. ISMAIL ABDUL HADIS MANIYAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-9-81] [REFERRED TO]
DHILLAN ALIAS RAJKUMAR S/O BAIJNATH KORI VS. STATE OF M P THROUGH POLICE STATION DABRA [LAWS(MPH)-2017-11-195] [REFERRED TO]
MEGHRAJ @ MAJHI @ MACHHI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-173] [REFERRED TO]
SUNIL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-2-100] [REFERRED TO]
NIL KAMAL SINGH VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-84] [REFERRED TO]
ABDUL JABBAR VS. STATE OF HARYANA [LAWS(SC)-2014-10-90] [REFERRED TO]
KAPILDEO MAHTO AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-347] [REFERRED TO]
UMA SHANKAR TANTI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-2-257] [REFERRED TO]
SANJAY KUMAR SINGH @ SANJAY SINGH, SON OF LATE NARESH PD. SINGH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-265] [REFERRED TO]
SANJAY SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-10-35] [REFERRED TO]
MOHD. ISMAIL ABDUL HADIS MANIYAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-9-57] [REFERRED TO]
LALAN PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2024-4-76] [REFERRED TO]
MAHESHWAR MANDAL VS. STATE OF BIHAR [LAWS(PAT)-2024-4-75] [REFERRED TO]
PARMESHWAR MURMU VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-1-172] [REFERRED TO]
SANJOOR MIAN AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-463] [REFERRED TO]
SUDHANSHU RANJAN JHA @ BUDHIYA, SON OF NITYA NAND JHA VS. STATE OF BIHAR [LAWS(PAT)-2018-1-259] [REFERRED TO]
LAXAMI THAKUR @ LAXMAN THAKUR, SON OF BICHHO THAKU VS. STATE OF BIHAR [LAWS(PAT)-2018-3-190] [REFERRED TO]
LALA RAM @ SURESH RAM VS. STATE OF BIHAR [LAWS(PAT)-2018-3-286] [REFERRED TO]
JADO SAH AND ORS. VS. STATE OF BIHAR [LAWS(PAT)-2018-2-191] [REFERRED TO]
KAUSTUBH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-8-41] [REFERRED TO]
ILLIASH MONDAL AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-11-25] [REFERRED TO]
E. SHRINIVASULU SUBBAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2016-12-80] [REFERRED TO]
GOPAL SINGH SON OF LACHHO SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-11-241] [REFERRED TO]
RAMPUKAR SINGH & ORS VS. STATE OF BIHAR [LAWS(PAT)-2018-1-118] [REFERRED TO]
HARI SHANKAR LAL DAS, SON OF LATE RAGHUNANDAN LAL DAS VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-272] [REFERRED TO]
DIWAN CHAND PRUTHI VS. C.B.I. [LAWS(DLH)-2016-2-152] [REFERRED TO]
RAJIM SK & ANR VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-9-115] [REFERRED]
BAIDHYANATH MUKHIYA VS. STATE OF BIHAR [LAWS(PAT)-2022-4-21] [REFERRED TO]
SHANKAR DAS, SON OF LATE NARAIN DAS VS. STATE OF BIHAR [LAWS(PAT)-2018-3-297] [REFERRED TO]
HRIDAY YADAV AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-252] [REFERRED TO]
NAGENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-83] [REFERRED TO]
JUDGEMENT
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(1.)The present appeal, by special leave, is preferred by the appellant assailing the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 978-SB of 2003 whereby the learned Single Judge has affirmed the conviction recorded by the learned trial Judge under Section 364 IPC and maintained the sentence of rigorous imprisonment for 10 years and a fine of Rs.5000/-, with the default clause.
(2.)Filtering the unnecessary details the prosecution case as unfurled is that Swaran Kaur, lodged an FIR No. 173 at P.S. Kotwali, District Kapurthatla on 15.10.1998 alleging that the marriage between her daughter, Kuljit Kaur, was solemnized with the accused-appellant as per religious rites on 7.1.1991 and in the wedlock a son, namely, Manpreet Singh, was born. There was incompatibility between the husband and wife as a consequence of which the accused was ill treating Kuljit Kaur. Initially both of them were staying in a rented house at Kapurthala but in March 1998 they shifted to another rented house situate in Mohalla Preet Nagar, Near Jhanda Mal School, Kapurthala, and started residing there. The informant used to go to her daughter's house and sometime in May 1998 when she went to meet her daughter she was informed by the landlord that the tenants had vacated the house on 27/28.04.1998 and had left for Ludhiana. The further case of the prosecution is that when the accused had taken Kuljit Kaur with the intention to put an end to her life spark.
(3.)After the criminal law was set in motion the concerned investigating officer recorded the statement of witnesses. It is apt to note here that on the basis of an order passed in a writ petition the investigation was entrusted to the crime branch, Punjab Police and the said investigating agency on completion of the investigation placed the chargesheet before the learned Chief Judicial Magisrtrate, Kapurthala for the offence punishable under Section 364 IPC and the said court in turn committed the case to the court of Session vide order dated 25.08.2000.
(2.)Filtering the unnecessary details the prosecution case as unfurled is that Swaran Kaur, lodged an FIR No. 173 at P.S. Kotwali, District Kapurthatla on 15.10.1998 alleging that the marriage between her daughter, Kuljit Kaur, was solemnized with the accused-appellant as per religious rites on 7.1.1991 and in the wedlock a son, namely, Manpreet Singh, was born. There was incompatibility between the husband and wife as a consequence of which the accused was ill treating Kuljit Kaur. Initially both of them were staying in a rented house at Kapurthala but in March 1998 they shifted to another rented house situate in Mohalla Preet Nagar, Near Jhanda Mal School, Kapurthala, and started residing there. The informant used to go to her daughter's house and sometime in May 1998 when she went to meet her daughter she was informed by the landlord that the tenants had vacated the house on 27/28.04.1998 and had left for Ludhiana. The further case of the prosecution is that when the accused had taken Kuljit Kaur with the intention to put an end to her life spark.
(3.)After the criminal law was set in motion the concerned investigating officer recorded the statement of witnesses. It is apt to note here that on the basis of an order passed in a writ petition the investigation was entrusted to the crime branch, Punjab Police and the said investigating agency on completion of the investigation placed the chargesheet before the learned Chief Judicial Magisrtrate, Kapurthala for the offence punishable under Section 364 IPC and the said court in turn committed the case to the court of Session vide order dated 25.08.2000.
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