- (1.) The appellant, challenges judgment and order dated 06.11.2002, recorded by the Additional Sessions Judge, Mansa, convicting the appellant for the murder of his wife and sentencing him in the following terms:- UNDER SECTION 302 IPC Accused Jugraj Singh is sentenced to undergo imprisonment for life and to pay fine of Rs.5000/- or in default of payment of fine he shall further undergo rigorous imprisonment for one year.
(2.) PW2 Sadha Singh, made a statement before SI/SHO, Bhupinder Singh, Police Station Jhunir, District Mansa, at 8.30 P.M, on 24.10.2001 that his sister Gurmail Kaur, is married to Jugraj Singh, son of Bachan Singh(the appellant) and they live in village Heerka. He came to village Heerka yesterday to discuss the matrimonial alliance of his sister's son Bittu Singh and stayed over night. At about 2 P.M., in the day time, they were sitting in the courtyard and discussing the matter regarding getting Bitu Singh married. Jugraj Singh was sitting nearby. Gurmail Kaur made a comment that as they have to get Bittu Singh married, Jugraj Singh should, at least now, desist from consuming intoxicants and liquor. After making this comment, Gurmail Kaur, went into a room. Jugraj Singh, enraged by these remarks, picked up a "Ghotna" (a wooden pestle) from the courtyard and ran into the room, uttering that she has no business to stop him from taking liquor and, thereafter attacked Gurmail Kaur with the "Ghotna", hitting her on the left side of her forehead. Gurmail Kaur, fell down immediately. The complainant and Bitu Singh raised an alarm and tried to catch hold of Jugraj Singh but as he threatened them with the "Gothna", they were unable to catch him. Jugraj Singh, thereafter, ran out of house with the "Ghotna". Gurmail Kaur died at the spot. Sadha Singh signed the statement, which was attested by the SI/SHO Bhupinder Singh, who also recorded a supplementary statement by Sadha Singh, on 24.10.2001, itself that the accused had inflicted four injuries with the Gothna.
(3.) The SHO, the police party and Sadha Singh went to the appellant's house, where they found the dead body of Gurmail Kaur, lying in a room in the house. The Investigating Officer prepared an inquest report, Ex.PD, handed over the dead body to HC Harbans Singh and CII Gursewak Singh, and forwarded a request, Ex.PA, for post mortem. At 7.00 A.M., on the next day, the Investigating Officer inspected the room, lifted blood stained earth from the spot, which was converted into a parcel and sealed with a seal 'BS' and also lifted sample earth from the spot and converted it into a parcel with the seal 'BS". The parcels were taken into possession, vide memo Ex.PJ, attested by Mithu Singh and ASI Gurbachan Singh. The Investigating Officer prepared a rough site plan of the place of occurrence,Ex.PN. The Investigating Officer took possession of a sealed parcel produced, by HC Harbans Singh, containing the clothes of the deceased, vide recovery memo Ex.PO and arrested the appellant, who on interrogation, suffered a disclosure statement, Ex.PL, that he had concealed the "Ghotna", near the bridge of a canal in the area of village Heerka and could get it recovered. The Ghotna was got recovered by the appellant pursuant to recovery memo, Ex.PM. The rough site plan of the place of recovery is, Ex.PT. The case property collected by the Investigating Officer was deposited with the Moharrir Head Constable.;