GURMEJ KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is filed under Section 379, Cr. P.C. read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction] Act. The appellant Smt. Gurmej Kaur, W/o. Hira Singh was acquitted by the trial court but on an appeal by the State, the order of acquittal was reversed and she was convicted under Section 302 read with Section 34 IPC and sentenced to imprisonment for life. The prosecution case is as follows : The appellant is the wife of Hira Singh who is deceased in this case. One Kamala Singh, the co -accused, was alleged to be a paramour of the appellant. It is said that Hira Singh was a weak man and, therefore, the appellant developed illicit relation with Kamala Singh. Therefore, there was hostility between both the accused and the deceased. On 21st June, 1983 the appellant Gurmej Kaur returned with Kamala Singh in the tractor of the latter to her house. When the deceased entered into the house and the deceased started abusing the appellant. Thereupon the appellant is alleged to have asked Kamala Singh to teach a lesson to Hira Singh for abusing her. Thereupon Kamala Singh took out a pistol from his waist and fired a shot at the chest of Hira Singh who fell down and thereafter died. Both the accused, namely, the appellant and Kamala Singh left the house and went away. The occurrence was witnessed by PW 2 and two others. The doctor who conducted the post -mortem on the dead body of the deceased found an injury on the left nipple. On an internal examination he found his lung collapsed and a lacerated wound. He opined that the injury was sufficient in ordinary course of nature to cause death. The case was registered and investigation was started by the police. On completion of investigation charge -sheet was laid. Before the trial court both the accused pleaded not guilty. The trial court, however, convicted Kamala Singh under Section 302 IPC and acquitted the appellant. Kamala Singh preferred an appeal No. 657 DB of 1984. The State preferred an appeal No. 129 DBA of 1986. The father of the deceased filed a criminal revision No. 1805 of 1984 for enhancement of the sentence. All the three matters were heard together and by a common judgment, the High Court dismissed the appeal filed by Kamala Singh. The High Court, however, set aside the order of acquittal of Gurmej Kaur and convicted her as stated above and allowed the appeal No. 129 DBA of 1986 filed by the State. Hence this appeal before us.

(2.) THE learned counsel for the appellant submits that it cannot be said that the appellant would be liable under Section 302 read with section 34, IPC because there is no material whatsoever that she shared the common intention along with Kamala Singh for committing the murder of Hira Singh, the deceased. The evidence of PW2 is the main basis. The prosecution case has been examined by the trial court carefully along with other available evidence and the trial court observed that Gurmej Kaur, the appellant had no common intention.

(3.) THE learned counsel for the State however, submits before us that but for her exhortation Kamala Singh would not have used the firearm and killed the deceased and therefore the offence under Section 302 read with Section 34 or 302/109 i.e. a case of abetment is made out.