- (1.) APPELLANT Inderjit Singh has filed this appeal against the judgment dated 17.12.2009 and the order dated 18.12.2009, passed by the court of Sessions Judge, Amritsar, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ -, in default of payment of fine to further undergo rigorous imprisonment for six months, under Section 302 IPC for committing the murder of his wife Rajni.
(2.) THE prosecution was launched against the appellant on the basis of statement (Ex.PA) made by Satpal Singh (PW.1), brother of deceased Rajni, before Inspector Jagat Preet (PW.9), SHO Police Station C Division, Amritsar, on 15.9.2006 at 12.15 PM at Chowk Chintpurni. He stated that they were four brothers and four sisters. The second marriage of his younger sister, Rajni, was performed with the appellant in the year 1997. It was also the second marriage of the appellant, who was having one son, namely Prince, from his previous marriage. Three children, namely Jaideep Singh, Dapinder alias Ginni and Simran, were born to Rajni from her wedlock with the appellant. The complainant alleged that after some time of the marriage, the appellant started beating and harassing Rajni. On previous occasion, in the year 1992, he gave beatings to her and tried to kill her. Regarding that incident a Panchayat was convened, where the appellant felt sorry and the matter was compromised. On 15.9.2006, at about 5.30 AM, the complainant received a telephone call from some unknown person that on the previous night, the appellant had quarreled with Rajni, therefore, he should come. Thereupon, the complainant along with his brother Kulwant Singh (PW.3) reached the house of his sister Rajni at about 6.00 AM. After climbing the stairs of the house, when they entered into the room of their sister, they saw that the appellant was besmeared with blood. On seeing them, he ran away from the spot. When the complainant and his brother Kulwant Singh saw their sister, they found that she was in pool of blood and was lying on the floor. She was dead. The complainant further stated that his sister was murdered by the appellant. After leaving his brother Kulwant Singh near the dead body of his sister Rajni, the complainant proceeded to lodge report with the police.
(3.) ON the basis of the aforesaid statement, FIR (Ex.PA/2) was registered on 15.9.2006 at 12.30 PM and the special report was delivered to the Judicial Magistrate Ist Class, Amritsar, on the same day at 4.30 PM. After recording the aforesaid statement, Inspector Jagat Preet Singh inspected the place of occurrence and prepared rough site plan (Ex.PH). The blood stained handle of small sword (kirpan), lying near the dead body of Rajni, was converted into a parcel, which was duly sealed by Inspector Jagat Preet Singh with his seal JPS, and was taken into possession vide memo Ex.PJ. Its sketch (Ex.PK) was prepared. Similarly, two blood stained pillows, one blood stained nylon cover of gatra (a small kirpan), a comb and one blood stained piece of cloth meant for tying the beard, were lifted from the place of occurrence, converted into another parcel, which was also duly sealed with the seal JPS and was taken into possession vide separate memo Ex.PL. The blood lying near the dead body of Rajni was lifted with cotton swab, which was converted into a parcel, and after duly sealing it with the seal JPS, it was taken into possession vide memo Ex.PM. The inquest report (Ex.PN) was prepared. Thereafter, vide application (Ex.PO), the dead body was sent to Medical College, Amritsar, through HC Anil Kumar (PW.2) and Constable Jaspal Singh, for post mortem examination.;