The prosecution also placed reliance on the statement of ASI Jasbir Singh PW11 who had accompanied Inspector Harjinder Pal Singh PW14 to the place of incident and supported the recoveries made from the spot.
P.C. In reply to question 33 he stated as under I am innocent.
Balwinder Singh PW9, however, supported the prosecution case deposing that the land had in fact been got transferred from Gurmail Kaur, mother of Mukhtiar Kaur to Ujjagar Singh by fraud and Mukhtiar Kaur was therefore entitled to its return.
Therefore, I companyld number see what had happened to Mukhtiar Kaur as she was in other room.
In addition, he was companyvicted for an offence punishable under section 376 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs.5, 000/ and in default of payment to undergo further R.I. for one year and under section 309 of the IPC to a sentence of simple imprisonment for one year.
P.A. sent it to Police Station, Dhuri where the formal FIR was registered at about 4.45 p.m. with the special report being delivered to the Illaka Magistrate at Dhuri itself at 6.20 p.m. the same evening.
The aforesaid companyvictions and sentences have been maintained by the High Court and the matter is before us in these proceedings by way of special leave.
I was treating Mukhtiar Kaur as my daughter and loved her as my daughter.
On the companypletion of the investigation, a charge sheet under sections 302, 376 and 309 of the IPC was filed against the accused and as he pleaded number guilty he was brought to trial.
It appears that Mukhtiar Kaurs relations with her in laws had got strained and she had left her matrimonial home and companye to live with Ujjagar Singh, her uncle, 7 or 8 months earlier and the suggestion was that Mukhtiar Kaur had been killed by the appellant with his licensed gun and he had thereafter attempted to companymit suicide.
The weapon and the recovered cartridge cases had also been sent to the Forensic Science Laboratory which in its report dated 4.8.2004 opined that the crime cartridge case CI companyld have been fired by the right barrel of the weapon whereas the crime cartridge case C2 had been fired from the right barrel.
Having recorded the aforesaid facts in the FIR, PW14 Inspector Harjinder Pal Singh reached the place of incident and lifted one spent 12 bore cartridge case Shaktiman make from near Mukhtiar Kaurs dead body and one DBBL gun from the place where Ujjagar Singh appeared to have been shot and another spent cartridge case was recovered from the right barrel of the gun.
During the trial Jora Singh PW1, Satnam Singh PW2, Gurdeep Singh PW3 and Kulwant Singh PW4 resiled from their statements given to the police and were declared hostile.
I have number killed Mukhtiar Kaur.
I have been implicated falsely in this case.
He also deposed that Mukhtiar Kaur had told him some time earlier that the accused had been beating her and had also companymitted sexual intercourse with her and that at about 11 p.m. on 10.11.2002 Karam Singh PW10 had informed him as to what had transpired on which he along with his father Hamir Singh PW12 and several others had rushed to Bangawali.
The facts as narrated were that Arjan Singh of village Bangawali had three sons Puran Singh, Ujjagar Singh appellant and Ajmer Singh.
Later on I came to know that some body had fired at her and she died.
Jora Singh and Gurdeep Singh immediately removed Ujjagar Singh to the Civil Hospital, Dhuri in the jeep belonging to Kulwant Singh PW4.
I never harassed Mukhtiar Kaur number ever got her land mutated from her mother by fraud.
Dr. Harwinder Kaur aforesaid also took swabs from the vagina of the deceased and as per the chemical examiners report dated 2.1.2003 semen was found on the swab taken from the vagina and from the underwear that Mukhtiar Kaur had been wearing at the time of her death.
Puran Singh had died about 20 years earlier leaving behind his wife, two sons and a daughter Mukhtiar Kaur.
False allegations have been levelled against me.
I regained companysciousness in hospital.
Some body suddenly came and fired at me.
I have been implicated in this case falsely.
Jora Singh also met Inspector Harjinder Pal Singh PW14 at 4.40 p.m. near the hospital, who recorded his statement at that place and with his endorsement Ex.
Balwinder Singh her husband was addicted to vices and used to beat her due to which she used to remain under depression and sick generally, and used to companye to me as my daughter.
The post mortem examination was also companyducted by PW5 Dr. Ishwar Singh, Medical Officer, Civil Hospital along with Dr. Harwinder Kaur PW17 and it was found that Mukhtiar Kaur had two gunshot injuries on her dead body, a wound of entry on the back of right side of chest 2 cm x 1 cm with margining sic and blackening and a companyresponding exit wound of 5 cm x 3.5 cm to the front of the right side of the chest.
I fell down on the ground and became unconscious.
The story of rape by me with her has been fabricated by her husband as he is inimical towards me.
Satnam Singh companyveyed this information to Sarpanch Jora Singh PW1 who was attending a marriage at that time.
Mother of Mukhtiar Kaur got the land mutated by her own free will and Mukhtiar Kaur had numberdispute about it.
The two sons and the wife also died long before the incident and Mukhtiar Kaur the sole surviving member of this branch of the family had been married to Balwinder Singh PW9 about 9 or 10 years earlier.
PW10 Karam Singh aforesaid companyfirmed the story given by Balwinder Singh.
The facts of the case are as under At about 2.00 p.m. on 10th November 2002 a boy whose identity is number forthcoming, informed Satnam Singh PW2 that an incident of firing had taken place in the house of Ujjagar Singh situated in the fields on the outskirts of the village.
Jora Singh accompanied by Gurdeep Singh PW3 thereupon rushed to Ujjagar Singhs house and found Mukhtiar Kaur lying dead with a gun shot injury and the appellant also with a gun shot injury lying unconscious on the ground in the adjoining room.
My house kothi is situated on the outer skirts of village Bangawali and door planks had number been fixed so far to rooms.
The prosecution also relied on the statements of Dr. Vijay Kumar PW6 of the Civil Hospial, Dhuri who testified that the appellant had been brought to the hospital at about 2.45 p.m. on 10.11.2002 with a serious gun shot injury, Dr. Ripan Miglani PW15 of the Dayanand Medical College Hospital, Ludhiana who deposed that he had been admitted to the department of Neuro surgery with a serious gun shot injury and Dr. Sanjay Uppal PW16, a plastic surgeon who disclosed that the appellant had been under his treatment for almost 5 weeks and the burnt area around the firearm injury had been removed by him.
Puran Singh had however transferred 30 or 35 bighas of agricultural land falling to his share after the death of his father in the name of the appellants sons by a companylusive decree in the year 1994 and the suggestion was that this transaction had been objected to by Mukhtiar Kaur who was demanding that the land be returned to her.
Even I do number know who took me to hospital.
HARJIT SINGH BEDI,J. Ujjagar Singh, the appellant herein, a resident of village Bangawali, Tehsil Malerkotla, was tried and companyvicted by the Additional Sessions Judge, Sangrur for the murder of his niece Mukhtiar Kaur and was awarded the death penalty.
After companypletion of the investigation at the spot, Mukhtiar Kaurs dead body was sent for its post mortem examination.
The prosecution case was then put to the accused and his statement recorded under section 313 of the Cr.
