The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the court's reliance on credible evidence and witness testimonies.

JUDGMENT

Rajiv Sharma, J. - This appeal is instituted against the judgment dated 11.01.2005 and order dated 14.01.2005, rendered by learned Sessions Judge, Kapurthala, in Sessions Case No. 11 dated 03.06.2004, whereby appellant Gurinder Singh, who was charged with and tried for the offence punishable under Section 302 IPC, was convicted and sentenced thereunder to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, and in default of payment of fine to undergo further rigorous imprisonment for a period of one month.

2. The case of the prosecution, in a nutshell, is that Sarup Singh son of Jit Kaur, driver by profession, was married to Rano daughter of Makhan Singh, resident of village Dhotian, Police Station Tarn Taran, about 14 years prior to 19.02.2004. A female child was born from the wed-lock. Rano died in an accident. After her death, her parents and Gurinder Singh alias Sonu accused took away her dowry articles from the house of Sarup Singh. He was again married to Jasbir Kaur, resident of Hardaspur, Police Station Sadar Phagwara, about eight years ago. A son was born to Jasbir Kaur. He was six years of age on 19.02.2004. On 19.02.2004 at about 1.00 PM, Jit Kaur went to her fields for fetching green leafy vegetables (Saag). Jasbir Kaur, her daughter-in-law, was all alone in the house. At about 2.00 PM, when Jit Kaur came back and reached near her house, she heard the shrieks of Jasbir Kaur. When she opened the door of the residential room of her house, she found Gurinder Singh alias Sonu son of Avtar Singh resident of village Lakhan Ke Padde causing injuries with a bat on the head of Jasbir Kaur. Jit Kaur raised alarm. Gurinder Singh alias Sonu accused, after pushing aside Jit Kaur, decamped from the spot with the bat. On hearing the alarm of Jit Kaur, Mohinder Kaur, living in her neighbourhood, was attracted to the spot. Both of them entered the residential room of the house. They found Jasbir Kaur dead. It is the further case of the prosecution that Gurinder Singh was a mediator in arranging the first marriage of Sarup Singh with Rano. When Rano died in an accident, Sarup Singh was married again. Since a child was born to Jasbir Kaur, the second wife of Sarup Singh, Gurinder Singh had a grudge that in case, Sarup Singh had not contracted the second marriage, and a son had not born to him from the said marriage, his estate would have been inherited only by the daughter of Rano. On account of this reason, he committed murder of Jasbir Kaur. Jit Kaur, after leaving Mohinder Kaur to guard the dead body of Jasbir Kaur, went to the police station along with Sharanjit Singh, Ex-Sarpanch of the village. Her statement was recorded vide Ex.PH, which led to registration of the FIR vide Ex.PH/2. The police reached the spot. Photographer was summoned. The inquest report Ex.PJ was prepared. Body was sent for postmortem examination. Broken pieces of bangles were lying at the spot. These were taken into possession vide recovery memo Ex.PK. The investigation was completed and challan was put up after completing all the codal formalities.

3. The prosecution examined a number of witnesses in support of its case. The accused was also examined under Section 313 Cr.P.C. He denied the case of the prosecution. According to him, he was falsely implicated. The accused was convicted and sentenced, as noticed here-inabove. Hence, this appeal.

4. Learned counsel appearing on behalf of the appellant has vehemently argued that the prosecution has failed to prove its case against his client. Learned counsel appearing for the State has supported the judgment and order of the learned Court below.

5. We have heard learned counsel for the parties and gone through the judgment and record very carefully.

6. PW.1 Dr. S.P. Singh conducted the post-mortem examination on the body of Jasbir Kaur on 20.02.2004. He noticed the following injuries on the body of the deceased :-

'1) Gaping wound lacerated starting from right side of the forehead from AHL e