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The FIR (Ex.PF/2) has been registered with respect to the incident that occurred on 13.12.2002 at 1.00/1.30 p.m. It has been registered on the basis of the statement (Ex.PF) of Budh Ram, complainant Cr. Appeal No.99-DB of 2005 (PW-6). It is stated by the complainant that he is a resident of Village Bahal, Police Station Sadar, Patiala and does the work of an electrician. About nine months earlier he was running RMP (Registered Medical Practitioner) shop at the Bus Stand, Bahal which he had taken on rent from Dharam Singh son of Jagir Singh. Adjoining the said shop Sukhwinder Singh alias Binder (appellant) son of Jagir Singh used to carry on the work of cycle repair. The complainant was on visiting and eating terms with said Sukhwinder Singh (appellant). The complainant then left the work of doctor (registered medical practitioner) and started to learn the work of an electrician at Patiala. He started work at the shop of M/s Shiv Electronics, Dharampura Bazar, Patiala. He started residing at Patiala even. After 2/4 days he used to come home at village Bahal. His wife Renu Bala (deceased) and his children resided at village Bahal only. About six months ago when his wife (deceased) was alone in the house, then one day in the evening Sukhwinder Singh (appellant) after scaling the wall entered their house. He showed a knife to his wife who had just finished taking a bath and asked her to have coitus with him. He also took photographs of his wife. On this Sarpanch Karnail Singh (DW-1) and his relatives after calling Sukhwinder Singh (appellant) at the house asked him. Sukhwinder Singh (appellant) then apologized. On this an oral compromise was entered into between them. On the date of occurrence i.e. 13.12.2002 it was about 1.00/1.30 p.m., Renu Bala (deceased) wife of the complainant and his daughter Kajal aged five years had gone to the house of Satish Kumar to take `Lassi' (butter milk). When they did not return for 15-20 minutes, the complainant went behind to see them. At that time, Sukhwinder Singh (appellant) was going Cr. Appeal No.99-DB of 2005 ahead of him in the street. The wife of the complainant Budh Ram (PW-6) was coming from his front after taking `Lassi'. When Sukhwinder Singh (appellant) saw the wife of the complainant, he took out a dagger and raised a `Lalkara' at the wife of the complainant and said that today he would teach her a lesson for defaming him. At this the wife of the complainant ran and entered the cattle house of Karam Singh and Sukhwinder Singh (appellant) ran behind her. The complainant and his daughter also went running behind them. When they reached near, Sukhwinder Singh (appellant) within the sight of the complainant caught hold of the arm of his wife and inflicted 5-6 dagger blows on her chest. She fell down at the spot. On an alarm being raised by the complainant, Sukhwinder Singh (appellant) fled away along with his dagger from the spot. When the complainant saw his wife, she had already died. The cause of the grudge was that the wife of the complainant had complained against Sukhwinder Singh about six months ago. The complainant leaving his brother Suresh Kumar near the dead body was going to lodge a report with the Police that Sarabjit Singh, ASI, In-charge, Police Post, Bhunar Heri (PW-10) met him and he recorded his statement (Ex.PF). It was read over and heard by the complainant and was affirmed as correct. Sarabjit Singh, ASI (PW-10) recorded police proceedings (Ex.PF/1) to the effect that on 13.12.2002 he along with other Police officials was present at the Bus Stand Panjeta in connection with patrolling that Budh Ram (PW-6) got his statement (Ex.PF) recorded with him, which was written and read out to him who admitting it to be correct put his signatures in Punjabi below it which were attested by ASI Sarabjit Singh (PW.10). From the said statement a case for the offence under Section 302 Cr. Appeal No.99-DB of 2005 IPC was found to be made out. The statement was sent through Constable Harnek Singh to the Police Station for registration of a case (FIR) against Sukhwinder Singh (appellant) for the aforesaid offence. The case number was asked to be intimated besides higher Police officers were asked to be informed. On the basis of the FIR (Ex.PF/2) that was registered Sarabjit Singh ASI (PW-10) investigated the case. He along with the complainant and other Police officials went to the place of occurrence. At the place of occurrence inquest proceedings (Ex.PK) were conducted. The statement of Raj Kumar and Rattan Chand for inquest purpose in terms of Section 175 of the Code of Criminal Procedure (`Cr.P.C.' - for short) were recorded. Sarabjit Singh, ASI (PW-10) prepared the rough site plan (Ex.PL) of the place of occurrence. The same was prepared at the instance of complainant Budh Ram (PW-6). From the place of occurrence near the dead body some broken pieces of bangles were recovered which were taken into possession vide memo (Ex.PM). The blood stained earth was lifted and put in a tin box and taken in possession vide memo (Ex.PN). The place of occurrence was got photographed. Then the dead body of Renu Bala was sent for post- mortem examination through HC Mohan Singh and HC Yadwinder Singh vide his request memo (Ex.PJ). The statements of witnesses in terms of Section 161 Cr.P.C. were recorded. Thereafter, Shamsher Singh, SI/SHO and DSP came at the spot. Then from a wall of Village Bahal near the Bus Stand a hand-written letter (Ex.PG) was taken into possession vide recovery memo (Ex.PO). The mode of proof of the hand-written letter (Ex.PG) was objected to. On return to the Police Station, the case property was deposited with the MHC (Moharrir Head Constable) and then Sarabjit Singh, ASI Cr. Appeal No.99-DB of 2005 (PW-10) returned back to the Police Post, Bhunerheri. The post-mortem on the dead body of Renu Bala was conducted on 14.12.2002 at Rajindra Hospital, Patiala by Dr. Harjinder Singh, Junior Resident in the Department of Forensic Medicine, Government Medical College, Rajindra Hospital, Patiala (PW-9). The belongings of the deceased and the clothes of the deceased were taken in possession by the Police on 14.12.2002 vide recovery memos (Ex.PQ) and (Ex.PR) respectively. The appellant was arrested in the case on 15.12.2002. He was produced by Sarpanch, Harlal Singh. Personal search of Sukhwinder alias Binder (appellant) was conducted. However, no article was recovered nor was taken in possession. The appellant was produced before the Illaqa Magistrate on 16.12.2002 and his Police remand was taken. While in Police custody the appellant on 17.12.2002 suffered a disclosure statement to the effect that he had kept concealed a `Chhura' on the Patiala-Devigarh road near Village Bahal under the bridge of canal minor and only he knew about it and could get the same recovered. The statement (Ex.PT) in this regard was reduced into writing, which was thumb marked by the appellant and signed by the witnesses. Then the appellant led the Police party to the place of recovery along with independent witness Amandeep Singh who had been joined. At the disclosed place, the appellant got recovered a `Chhura' from the place pointed out by him. A sketch (Ex.PU) of the `Chhura' was prepared which was signed by the witness and then the same was taken in possession vide recovery memo Ex.PV. The photographs and negatives were taken in possession vide memo Ex.PC/1. Then scaled site plan was got prepared from a draftsman. The statement of Gurdip Singh (PW-8) from whom the Cr. Appeal No.99-DB of 2005 accused had got written the letter (Ex.PG) was recorded. The appellant is stated to have proclaimed that he had done the act (that is of murder) as the lady (Renu Bala-deceased) had made wrong allegations against him. This letter, it is stated, was scribed by Gurdip Singh (PW-8). After completion of investigation, charge-report (challan) was filed in Court of the Additional Chief Judicial Magistrate, Patiala, who in terms of order dated 23.4.2003 came to the conclusion that there existed a prima facie case for trial of the accused Sukhwinder Singh for the offence under Section 302 IPC, which was exclusively triable by the Court of Session. Accordingly, the learned Magistrate committed the case to the said Court for trial. The learned Sessions Judge, Patiala on 23.5.2003 charged the appellant on the allegation that on 13.12.2002 at about 1.30 p.m. in the area of Village Bahal he committed the murder by intentionally causing the death of Renu Bala and thereby committed an offence punishable under Section 302 IPC. The appellant pleaded not guilty to the charge and claimed trial.