A.S.GARG,J - (1.) THE appellant Sohan Singh (40 years) was convicted under Section 302 of the Indian Penal Code for allegedly committing the murder of his wife, in the area of village Pur Hiran, Police Station, Sadar, Hoshiarpur by Sessions Judge, Hoshiarpur and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months.
(2.) BALBIR Kaur deceased was married with the appellant long ago. Teja Singh, PW-3, is his son while DW-1 Baljinder Kaur is his daughter. Sohan Singh suspected the fidelity of his wife. On 21.2.1985 at about 5 or 6 p.m., Balbir Kaur, her father Pritam Singh and her son Teja Singh went to the field to bring green fodder. While Balbir Kaur was cutting the fodder, the appellant allegedly armed with Kassi (spade) came there and started abusing her for not obeying his commands and inflicted two kassi blows to her which fell on her neck and left shoulder as a result of which she died at the spot. The occurrence was witnessed by Pritam Singh, PW-2, father-in-law of the appellant-accused and Teja Singh PW-3, his son. The occurrence was reported by Pritam Singh vide his statement Ex.PD on the basis of which formal FIR Ex.PD/2 was recorded at 7.30 p.m. by Vijay Singh, MHC at the instance of ASI Mukhtiar Singh, PW.5, the Investigating Officer of the case. The police went to the scene of occurrence and prepared inquest report Ex.PC and lifted blood-stained earth and a pair of chappals from near the dead body vide recovery memo Ex.PF. The Investigating Officer also prepared rough site plan Ex.PG and recorded the statements of the witnesses. The dead body of the deceased was despatched to Civil Hospital, Hoshiarpur, for post mortem examination. On 22.2.1985, Dr. Inderjit Aggarwal, PW.1 conducted autopsy on the dead body and found the following injuries :- 1) A lacerated wound 4 cm x 1.5 cm x muscle deep over the left side of chin, oblique in direction and 0.5 cm from the midline. 2) A lacerated wound 12.5 cm x 1 to 4.5 cm x bone deep over the left side of neck passing upwards and backwards towards the side of neck in its middle, 5 cm below the ear. Wound was more deeper on its lateral aspect. Underlying subcutaneous tissue, deep cervical fascia, submandle glands, sterno-mastoid muscle, carortid arteries and juglar vein were cut. 3) A lacerated wound 3 cm x 1 cm x 0.4 cm over the inner aspect of lower one- third portion of the left forearm with abrasion 3 cm x 2 cm in continuation. Ex.PA is the carbon copy of the post mortem report. In the opinion of the doctor, the cause of death was due to shock and haemorrhage due to injury No. 2 which was sufficient to cause death in the ordinary course of nature.
(3.) THE appellant could not be tried for 10 years after the occurrence since he was absconding and was declared as a Proclaimed Offender. He was ultimately arrested on 31.1.1995 and thereafter on the testimony of Pritam Singh, his father-in-law and his son Teja Singh, the appellant was convicted and sentenced as aforesaid.;