Phuman Singh vs State of Punjab

Learned State counsel has filed affidavit of Sh. Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant/appellant Phuman Singh. Along with the affidavit a medical report by way of affidavit of Dr. Sunil Kumar, PCMS, Medical Officer, Incharge, Jail Hospital, Central Jail, Ferozepur has also been filed. The same are taken on record.

Heard counsel for the parties.

The Crl. Misc. application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant Phuman Singh during the pendency of the appeal.

The FIR in the case has been registered on the statement of Kashmir Singh, Chowkidar who on 28.01.2007 had gone to the house of the applicant/appellant for giving invitation card of the marriage of his son Hardyal Singh. It is alleged by the complainant Kashmir Singh, Chowkidar that because of constant quarrel in the family, the applicant/appellant had killed his wife by striking a ''kulhari'' (axe) on her forehead and thereafter had put kerosene oil on her and set her on fire. The ''Kulahri'' (axe) that was used by the applicant/appellant, was recovered on the basis of his disclosure statement from a room where wheat chaff was kept.

According to the learned counsel for the applicant/appellant, the ''Kulhari'' (axe) that was recovered was not sent for chemical examination. In any case it is submitted that the applicant/appellant is suffering from various ailments and in this regard a medical OPD card (Annexure P1) is attached with the Crl. Misc. application.

Learned State counsel has submitted that the applicant/appellant committed a heinous crime inasmuch as he struck his own wife with an axe and then set her on fire. Besides, the applicant/appellant has undergone imprisonment of four years, nine months and twelve months only as on 17.1.2012. Therefore, the sentence of his imprisonment is not liable to be suspended.

We have given our thoughtful consideration to the contentions of the learned counsel for the parties.

The criminal miscellaneous application has been filed for seeking suspension of sentence of the applicant-appellant primarily on account of his ill-health. On the last date of hearing, learned counsel for the State had taken time to file report regarding medical condition of the applicant/appellant, which has been filed by way of affidavit of Dr. Sunil Kumar, PCMS, Medical Officer, Incharge Jail Hospital, Central Jail, Ferozepur who has been deposed as under:-

It is certified that convict Phuman Singh son of Mangh Singh, aged about 72 years is suffering from multiple health problems. He is suffering from cataract both eyes with prostrate enlargement with palpable mass abdomen with generalized anasarca. He is being referred to Civil Hospital, Ferozepur again and again for management of the same. The doctors of Civil Hospital, Ferozepur had advised surgery after medical fitness. His health condition is poor and he is unable to walk without support due to weakness. He has been declared invalid for work for the last two years.

A perusal of the above shows that the applicant/appellant is 72 years of age and has been declared invalid for work for the last two years. Besides, his health is poor and he is unable to support himself due to weakness.

In terms of the affidavit of Sh. Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur, the applicant/appellant has undergone imprisonment of four years, nine months and twelve days as on 17.1.2012. This includes period of three years, three months and twenty-one days after conviction.

Keeping in view the period of imprisonment undergone by the applicant/appellant as also his medical condition, it would be just and expedient to suspend the sentence of his imprisonment during the pendency of the appeal.

Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Phuman Singh shall, during the pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur.