In cases of unnatural death in matrimonial homes, the husband bears the burden of proof to explain the circumstances, and conviction can be based on credible eyewitness testimony.

JUDGMENT

Kirti Singh, J.

The instant appeal is directed against the judgment of conviction and order of sentence dated 11.04.2014 passed by learned Sessions Judge, Moga, whereby the appellant has been convicted for committing an offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred as TPC') and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5, 000/- in default whereof he has been sentenced to undergo rigorous imprisonment for a period of six months.

Brief Facts

2. The prosecution case centers on the alleged murder of Sukhwinder Kaur by her husband Swaranjit Singh. The factual matrix of the prosecution case culminating to the trial is that on 11.08.2012 Bhupinder Singh (PW1) (brother of deceased) statement was recorded to the effect that his sister Sukhwinder Kaur was married to the accused Swaranjit Singh approximately 7/8 years ago. On 10.08.2012, he and his mother Mohinder Kaur visited village Lopon to present customary gifts to Sukhwinder Kaur on the occasion of Teej festival. After having dinner the complainant and his mother slept in the courtyard. Around 2/2.30 AM they were awakened by Sukhwinder Kaur shrieks. Upon waking up, they saw Swaranjit Singh strangulating deceased with a cloth while sitting on her body through a window pone. Despite her pleas for help Swaranjit Singh continued with his action. When Bhupinder Singh (PW1) and his mother tried to intervene and urged him to stop, they found that the door was bolted from inside. Sukhwinder Kaur eventually stopped screaming and went limp. Swaranjit Singh then fled from the scene pushing the complainant and his mother aside. When they managed to enter the room they found Sukhwinder Kaur dead on the bed. The alleged motive for the murder was the ongoing marital dispute between Swaranjit Singh and Sukhwinder Kaur despite numerous efforts of Panchayat to resolve their issues. It was alleged that Swaranjit Singh was harboring resentment and ultimately murdered Sukhwinder Kaur.

3. On the basis of above statement FIR No.49 dated 11.08.2012 under Section 302 IPC was registered against the appellant/accused Swaranjit Singh, who was the husband of the deceased Sukhwinder Kaur.

Investigation Proceedings

4. After recording the statement, Inspector Deepak Singh (PW-4) inspected the place of occurrence. He prepared the inquest report (Ex-PS) in the presence of the witnesses. He took into possession one Pama vide memo Ex.P9 and prepared site plan (Ex.PIO) of the place of occurrence. The postmortem of the dead body of Sukhwinder Kaur was conducted at Civil Hospital, Moga. Accused Swaranjit Singh was arrested on 17.08.2012. On completion of investigation challan against the accused was presented in the Court of Illaqa Magistrate, who supplied the copies of the documents in compliance Section 207 Cr.P.C.

Court Proceedings

5. The learned Illaqa Magistrate finding the case exclusively triable by the Court of Session vide order dated 18.09.2012 committed the same to the Court of Session. Thereafter finding a prima facie case under Section 302 IPC, the appellant was charge sheeted to which he pleaded not guilty and claimed trial.

6. The prosecution in order to substantiate the allegations against the accused/appellant examined 8 witnesses namely Dr. Rajesh Attri (PW-1A), Bhupinder Singh (PW1), Mohinder Kaur (PW2), Inspector Deepak Singh (PW4), ASI Dilbagh Singh (PW5), HC Nachhattar Singh (PW6), Jugraj Singh (PW7) and SI Swaran Singh (PW8).

7. After the closure of the prosecution evidence, the accused-appellant was examined under Section 313 Cr.P.C. and all incriminating evidence led by the prosecution was put to him. The accused denied all the allegations against him and took the plea that he was innocent and had been falsely implicated. He further took the plea that he was having an obsession for cleanliness and expected the same from his family members. He used to pressurize his family members to keep cleanliness in the house thro