- (1.) The present appeal has been directed against the judgment of conviction and order of sentence dated 12.9.2005, passed by the learned Sessions Judge, Amritsar, whereby the appellant has been convicted for the commission of offences punishable under Section 302, 449 IPC and sentenced as under:- Accused/appellants Section Sentence Bhupinder Singh alias Bhinda 302 IPC Sentenced to life imprisonment and to pay a fine of ' 5000/- and in default thereof to further undergo rigorous imprisonment for a period of two years. -do- 449 IPC Sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ' 3000/- and in default thereof to undergo further rigorous imprisonment for a period of one year.
(2.) This case relates to murder of Darshna wife of complainant Prem Parkash at whose instance the first information report was lodged by the police. As per the version of the complainant, on 4.10.2002, at 9.15 a.m., the complainant had gone away from his house in connection with some personal work. Daljit Kumar son of Durga Dass and Ram Lubhaya met him near the railway crossing. They informed the complainant that they were going to his house for some consultation. At 10.30/11.00 a.m, the complainant, along with Daljit Kumar and Ram Lubhaya, came back to his house. The complainant was few steps ahead of aforesaid two persons. When he entered the gate of his house, Bhupinder Singh alias Bhinda, resident of Vishvakarma Colony, Patti, the appellant herein, was pulling the ear rings of his wife Darshana with his left hand and he gave injuries to Darshna on her neck and abdomen with a 'Chhura' held in his right hand. The occurrence was witnessed by Daljit Kumar and Ram Lubhaya, who also reached the spot. On raising raula, Bhupinder Singh alias Bhinda climbed up the roof of the house through stair case and jumped in the vacant place on the back side of the house. Darshna succumbed to the injuries received by her in the occurrence. The appellant also carried with him the ear rings of the victim. On hearing raula, Jugraj son of Daljit Singh a neighbourer came on the spot. Jugraj Singh tried to catch Bhupinder Singh but latter was successful in managing to escape.
(3.) The statement of the complainant led to the registration of first information report, Ex. PC/3, under Sections 302,449 IPC, on the basis of ruqa Ex. PC/2 sent by the Investigating Officer. Post mortem examination was conducted on the dead body. Blood was lifted from the spot. The accused was arrested in the case. He made a disclosure statement with regard to his being in possession of Chhura (knife), the weapon of crime and the ear rings of Darshana. The recovery of knife and ear rings was got effected in pursuance of the disclosure statement made by the accused. The recovered articles were taken into police possession. The accused also got recovered his blood stained shirt. On the completion of necessary investigation formalities and receipt of the report of Chemical Examiner, the final report under Section 173 Cr.P.C. was submitted before Ilaqa Magistrate for the trial of the accused.;