- (1.) GURPRIT Singh @ Pita (appellant herein) along with co -accused Sukhminder Singh (who has already died) were tried for the offence under Section 302 IPC for committing the murder of Gurmit Kaur wife of Sukhminder Singh.
(2.) THE trial Court vide judgment of conviction and order of sentence dated 20.04.2009/21.04.2009 convicted both the accused under Section 302 IPC and sentenced them for life imprisonment. Against the said judgment and order, accused Gurprit Singh @ Pita has filed the present appeal. The co -accused Sukhminder Singh did not file any appeal though it has been informed by the State counsel that the said co -accused had died in PGI on 06/07.07.2009.
(3.) AS per the prosecution version, on 16.06.2007 at about 8.30 am, when Jaspal Singh (PW5) was going to his fields he saw the dead body of unidentified woman lying in the eucalyptus trees on the left side of G.T. road. The blood was flowing from her nose and it appeared that she was strangulated with the help of her Chunni. He immediately reported the matter to the police and on the basis of his statement (Ex.P1), formal FIR (Ex.P1/2) was registered under Section 302 IPC against unknown persons. The police after preparing the inquest report (Ex.PC) sent the dead body for post -mortem examination. On 19.06.2007, a team of three doctors, including Dr. Sandeep Dhawan (PW1), Dr. Poonam (PW2) and one Dr. Gurbachan Singh, conducted postmortem examination of the dead body. During post -mortem of the deceased, following injuries were found: - "Ligature of sky blue coloured chunni with single knot all around the neck was present . Ligature was removed after cutting, knot preserved, cut ends tied with thread. All were handed over to the police. Ligature mark all around the neck at the level of cricoid cartilage was present. Skin, subcutaneous tissue, muscles, vessels were congested under the ligature mark. There was fracture of cricoid cartilage. Vertebrae were normal. Ligature mark measured 15' x 1 1/2'. Multiple bruises on the left of the chest cavity of various length and measurement dark red in colour were present. Contusion injury over the right chest cavity in the axillary line measuring 8' x 1' obliquely placed extending anteriorly up to 2 inches anterior to anterior axillary line and 1 inch posterior to posterior axillary line brownist red in colour underline ribs were normal. Skull, scalp, face, meninges and brain markedly congested. Spinal cord not exposed. Pleural cavities, lungs, heart, peritoneum, stomach were congested. Stomach and its contents, small intestine and its contents, large intestine, liver, spleen, kidneys were congested and sent for chemical examination. Bladder was normal. Vaginal swabs were sent for chemical examination. 10 inches curvilinear scarp was present at the supra -public area of previous surgery uterus was absent." The ligature mark all around the neck was found at the level of cricoid cartilage. As per the opinion of the doctors, the cause of death was due to asphyxia which was sufficient to cause death in ordinary course of nature. The time between death and post -mortem examination was stated to be 72 hours. The personal belongings of the deceased were removed and handed over to the police. It is further the case of the prosecution that after keeping the personal articles of the deceased the dead body was cremated on 19.06.2007.;