- (1.) APPELLANT Nittu alias Bittu alias Bintu and three other accused, namely Narinder alias Ninder; Gurpreet Singh alias Guri; and Jaswinder Singh alias Ladru, were tried by the court of Additional Sessions Judge, Kaithal, for the offences punishable under Section 302/34 IPC for committing the murder of Gurmeet Kaur, aged about 45 years, wife of complainant Ajeet Singh (PW.3); and under Section 323/34 IPC for causing injuries to the complainant.
(2.) VIDE judgment dated 14.10.2009, passed by the trial court, accused Narinder alias Ninder; Gurpreet Singh alias Guri; and Jaswinder Singh alias Ladru were acquitted of the charges framed against them. However, appellant was acquitted of the charge under Section 323/34 IPC, but he was convicted for the offence under Section 302 IPC, and vide order dated 14.10.2009, he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of two years under Section 302 IPC. It was ordered that 3/4th of the amount of fine, if recovered, shall be paid to the complainant, being the husband of the deceased.
(3.) THE appellant has challenged his conviction and sentence in this appeal. However, no appeal against the acquittal of the above named three accused has been filed, either by the State or by the complainant. As per the prosecution version, on 29.9.2008, complainant Ajeet Singh (PW.3) and his wife Gurmeet Kaur (deceased) were returning to their home at Cheeka from Chandigarh in their Alto car, which was being driven by the complainant. When they reached at Tatiana Sale Tax (Toll Tax) barrier barricade at about 10.00 p.m., they noticed that a hot conversation was going on between employees of the toll tax and a truck driver. The complainant and his wife got down from the car and went ahead to see what was going on. In the meantime, 3/4 employees of the toll tax barrier, who were having lathis, dandas and sharp edge weapon in their hands, caught hold them and a boy namely Bintu (appellant herein) caused Kulhari injury upon the head of the wife of the complainant. The blood started coming out of the said injury and she fell down unconscious. It is further case of the prosecution that remaining accused caused injuries on the legs of the complainant. The drivers of other vehicles collected there and all the assailants ran away from the Toll Tax Barrier with their respective weapons. The complainant took his wife in his car to Rajindra Hospital, Patiala, from where she was referred to PGI Chandigarh. But he got her admitted in Amar Hospital, Patiala. The police came there and recorded the statement (Ex.PC) of the complainant. On the basis of said statement, FIR (Ex.PC/2) was registered under Sections 323/324 IPC.;