JASWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is filed under Section 14 of the Terrorist Affected Areas (Special Courts ) Act, 1984 against the order of conviction and sentence passed by the Special Court, Hoshiarpur, in Case FIR No. 103 of 1984.

(2.) Appellant No. 1 Smt. Jaswinder Kaur is the wife of appellant No. 2 Shri Jaswinder Singh, Appellant No.2 has been convicted under Section 302, and appellant No.1 under Sections 302/34, I.P.C., for causing death of Surjit Singh, brother of appellant No.2.

(3.) The prosecution case was that Surjit Singh (deceased), Jaswinder Singh (accused) and Kewal Singh were living together along with their parents, Surjit Singh alone used to manage the family affairs, This was not liked by Jaswinder Singh and therefore there used to be quarrels between them. The last quarrel was on 24-5-84. On 25-5-84 Surjit Singh after taking food at about 12.00 noon slept on a cot in dalan of their house. Since some time prior to 2.30 P.M. Raj Rani, wife of Surjit Singh and his two sisters Kewal Kaur and Jaswinder Kaur were sitting together on a cot in the dalan and were talking with each other. The appellants were sitting on a separate cot and they were also talking with each other. At about 3.30 P.M. appellant No.1 Jaswinder Kaur brought some clothes, gave them to appellant No. 2 and told him as to what he was waiting for. Appellant No. 2 took those clothes and got up from the cot. He then picked up an axe lying in one corner of the dalan and gave two blows on the neck of Surjit Singh. He gave one more blow near his right shoulder. On cries being raised by Raj Rani. Kewal Kaur and Jaswinder Kaur the accused ran away from the place. Raj Rani then approached Tarsem Singh, a member of the Panchayat and along, with him went to Dasuya Police Station at a distance of 8 K.M. There she lodged the FIR at 3.30 P.M.