- (1.) The prosecution case is as under : PW-3 Gurmel Kaur had been married to accused Chhinda Singh, a resident of village Tharaj, about 18 years prior to the present occurrence. Binder Singh (since deceased) was Chhinda Singh's and he used to live with them. About three years prior to the incident, Chhinda Singh and his family had shifted to village Khuban, where both Chhinda Singh and Binder Singh continued to work as agricultural labour. Gurmel Kaur gave birth to three male children from the loins of Chhinda Singh and one female child from that of Binder Singh accused. About a month prior to the incident, she, however, started living with Binder Singh in the Dhani of Seth Hari Krishan of village Khuban. Chhinda Singh objected to this arrangement and asked her to return home with the children, which was objected to by Binder Singh deceased. About two days prior to the incident, PW-4 Pappi, Binder Singh's brother, also came to visit them. On the night intervening 17/18.7.1994 Gurmel Kaur (PW-3), her, son Sheera (PW-5) and Pappi (PW-4) lay down to sleep in the courtyard. At about 1.00 A.M., Chhinda Singh armed with a Kahi, came to the Dhani and told Binder Singh that he would teach him a lesson for taking his wife away from him and saying so, gave two Kahi blows on his neck and face. Gurmel Kaur and others raised a Raula on which the accused rant away along with his weapon. Gurmel Kaur (PW-3) then left for the police station but came across a police party headed by PW-6 Inspector Baljinder Singh near the bus stand of village Sito-Gunno and made her statement to him at about 5.15 A.M. and on its basis, the formal F.I.R. under Section 302 of the Indian Penal Code was registered at 6.05 A.M. at Police Station Sadar Abohar. The special report was delivered to the llaqa Magistrate at 9.30 A.M., the same morning. Inspector Baljinder Singh then accompanied by Gurmel Kaur reached the place of incident and made the necessary inquires and also despatched the dead body for its post-mortem examination. The accused was arrested on July 25, 1994 after he had been produced before the police by PW-7 Harnam Singh. The accused was duly interrogated in the presence of Harnam Singh aforesaid and on a disclosure statement made by him, a blood-stained Kahi, the alleged murder weapon, was recovered. On the completion of the in the accused was charged for an offence punishable under Section 302 of the Indian Penal Code and as he pleaded not guilty, was brought to trial.
(2.) The trial Court relying primarily on the evidence of Gurmel Kaur (PW-3), Pappi (PW-4) and Sheera (PW-5), convicted the accused for murder and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/- and in default thereof, to undergo further rigorous imprisonment for six months. Hence this appeal. We have heard the learned counsel for the parties and have gone through the judgment impugned.
(3.) It is to be noted that Gurmel Kaur (PW-3) was the wife of the accused and paramour of the deceased. The accused has admitted in his statement under Section 313 of the Code of Criminal Procedure that Gunnel Kaur had shifted to Binder Singh's house and was living with him at the time of the incident. The presence of this witness in Binder Singh's house was, therefore, natural. Gurmel Kaur's statement finds support from the evidence of Sheera (PW-5) and Pappi (PW-4), Binder Singh's son and brother, respectively. Both these witnesses corroborated Gurmel Kaur's statement that the accused had attacked and killed Binder Singh. We also find that the medical evidence supports the prosecution story. The injuries found on the person of the deceased could have been caused by a Kahi. We, therefore, find no merit in the appeal. Dismissed.;