- (1.) APPELLANT Sant Pal Singh was tried by the court of learned Sessions Judge, Ferozepur, for the offence under Section 302 IPC, for committing the murder of his son Gurpreet Singh. The trial court, vide its judgment and order dated 3.12.2008 convicted and sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ -, in default of payment of fine to further undergo rigorous imprisonment for one year, under Section 302.
(2.) IN this case, the prosecution was launched against the accused on the statement (Ex.P12) of Ramandeep Kaur alias Kuldeep Kaur (PW.6) wife of Gurpreet Singh (since deceased), which was recorded by SI Rajbir Singh (PW.10), SHO, Police Station Sadar Jalalabad, on 30.8.2008 at 10.00 AM at Bus Stand of village Ghagga Khurd, which was also thumb marked by her father Jagir Singh (PW.7). In her aforesaid statement, the complainant stated that her marriage was solemnised with Gurpreet Singh son of the appellant about 12 years ago. Out of their wed lock, two children were born. Her father -in -law (appellant) was residing with her Jeth (husband's elder brother) Gora Singh in a separate house. He was addicted to liquor. He was not doing any work and used to demand money from her husband for liquor. The complainant further stated that on the previous evening, i.e. 29.8.2008, her father -in -law demanded money from her husband for liquor, upon which her husband asked him as to why he is not feeling ashamed, and further that he is without any work and visits him daily for money. Her father -in -law took it ill and left the house in anger. Thereafter, she, her husband Gurpreet Singh and her father Jagir Singh, who had come to their house to meet them, after having dinner, went asleep in the courtyard. In the morning, i.e. on 30.8.2008, at about 5.00 AM, the complainant got up and was preparing tea and her father was sitting on the cot. In the meantime, her father -in -law Sant Pal Singh (appellant), who was holding a wooden rafter (Seru of cot), came to their house, and raised lalkara to teach a lesson to Gurpreet Singh for stopping him from consuming liquor. The complainant further stated that within their sight, her father -in -law gave a wooden rafter blow on the head of her husband, while he was lying asleep on the cot. She and her father raised alarm, upon which her father -in -law ran away from the spot with the wooden rafter. They noticed that her husband had died. Thereafter, she gave information of this incident in the Panchayat of the village. After leaving her Jeth at the spot to guard the dead body of Gurpreet Singh, she reported the matter to the police.
(3.) AFTER making his endorsement (Ex.P12/A) on the said statement, SI Rajbir Singh sent the same to the police station, on the basis of which the formal FIR (Ex.P12/B) was registered on the same day at 10.40 AM. Thereafter, SI Rajbir Singh went to the place of occurrence, prepared the inquest report (Ex.P3) and recorded the statements of one Baldev Singh and aforesaid Gora Singh (elder brother of the deceased and son of the appellant), who identified the dead body of Gurpreet Singh. Rough site plan (Ex.P15) of the place of occurrence was prepared. Thereafter, vide application (Ex.P2) addressed to the Senior Medical Officer, Civil Hospital, Fazilka, the dead body was sent to the Hospital under the supervision of HC Kuldip Singh (PW.9) for post mortem examination. On the same day, i.e. on 30.8.2008, at 4.30 PM, Dr. Rajesh Kumar (PW.1) conducted post mortem examination on the dead body of Gurpreet Singh. The following injuries were found on the body of the deceased : 1. Anterior part of parietal region of skull was depressed bilaterally. 2. A lacerated wound 5 cm x 1 cm was present on the right parietal region of skull placed obliquely, 6 cm behind anterior hair line. Clotted blood was present. The doctor opined that the cause of death in this case was shock and haemorrhage as a result of injury to the vital organ i.e. brain, which was sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. Probable duration between injury and death was immediate, and between death and post mortem was from 6 hours to 12 hours. After conducting the post mortem examination, the duly stitched dead body along with light red coloured underwear being worn by the deceased, copy of the Post Mortem Report (Ex.P1), police papers duly signed by the doctor, were handed over to HC Kuldeep Singh. The underwear of the deceased along with copy of the Post Mortem Report was further handed over to SI Rajbir Singh. The underwear of the deceased was converted into parcel, which was duly sealed by SI Rajbir Singh with his seal and the seal after use was entrusted to HC Kuldeep Singh. The said parcel was then taken into possession vide memo Ex.P16, which was attested by HC Kuldeep Singh and PHG Karnail Singh.;