CHANDRA KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 5.5.1995, passed by the High Court of Rajasthan at Jodhpur, whereby said Court has dismissed D.B. Criminal Appeal No. 82 of 1989, and affirmed conviction and sentence recorded by the Additional Sessions Judge No. 2, Sri Ganganagar, in Sessions Case No. 1 of 1987 (25 of 1986) against the Appellant Under Sections 459, 307 read with Section 34 and Section 302 read with Section 34 of Indian Penal Code (Indian Penal Code).

(2.) We have heard learned Counsel for the parties and perused the papers on record.

(3.) Prosecution story, in brief, is that Appellant Chandra Kaur and her husband Gurdeep Singh had enmity with Bhupendra Singh (deceased), over the possession of plot No. 144 in Sector 2, Mandi Sardul Shahar. On 9.3.1984 at about 3.00 p.m., PW-1 Jasmail Kaur (mother of the deceased) came to above mentioned plot. She saw her son Bhupendra Singh running out of his house with bleeding injuries, and accused Gurdeep Singh (one of the convicts) armed with sword arid his wife i.e. Appellant Chandra Kaur, armed with Gandasi (heavy sharp edged weapon) were chasing him. It is stated that Gurdeep Singh inflicted blows with sword on the head of Bhupendra Singh near house of Sheopat Kumar, whereafter he (Bhupendra Singh) fell down. It is alleged by the prosecution that Chandra Kaur exhorted Gurdeep Singh to kill Bhupendra Singh. It is further alleged that after the incident, the two accused ran away. When PW-1 Jasmail Kaur went inside the house of the deceased, she saw PW-2 Mangat Ram also lying injured and bleeding. The third witness is stated to be PW-3 Jagsir Singh, brother-in-law of the deceased. Oral report of the incident was got lodged at Police Station Sardul Shahar at 3.30 p.m. on the same day, on the basis of which FIR (Ex. P-1) was registered.