PARMINDER KAUR Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 23.03.2011 and order on sentence dated 31.03.2011 arising out of FIR No. 594/2007, P.S. Defence Colony (Sessions Case No. 03/2010/2008) whereby the appellants were convicted for the offence punishable under Sections 302/201 of the Indian Penal Code, 1860 (IPC for short) read with Section 34 IPC. For the offence punishable under Section 302/34 IPC, they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - each, in default of payment of fine they were sentenced to undergo simple imprisonment for one year each. The appellants were further sentenced to undergo rigorous imprisonment for one year each for the offence punishable under Section 201/34 IPC. The sentences were to run concurrently.

(2.) INSPECTOR Meera Sharma (PW -21) is the Investigating Officer of the case. She deposed that on 28.10.2007, she was posted as Inspector, Law and Order at Police Station Defence Colony. On the said day, on receipt of a call from District Control Room, she reached C -30, Sawal Nagar, Defence Colony as a murder had taken place there. On reaching the spot, she found that S.I. Rohtash Kumar along with some staff was already present there. Dead body of a Sikh gentleman was lying in the gallery near the stairs on the ground floor. The Investigating Officer also met Laxmi Narayan (PW -1) and Constable Vikram Singh (PW -7), who were the landlord and a tenant respectively on the second floor of premises bearing no. C -30, Sawal Nagar. On inspection of the dead body serious injuries on the right side of the head, right cheek, lips and both the eyes were noticed. There were injuries on the chest of the dead body which appeared to be caused by a sharp edged weapon. The Investigating Officer recorded statement Ex. PW -7/A of Constable Vikram Singh to the effect that the dead body belonged to one Harbhajan Singh, who was a tenant on the first floor in the said building. He also informed the Investigating Officer that he had heard noise of a quarrel from the house of the deceased till quite late in the night. He, however, slept after closing the door. The Investigating Officer made endorsement Ex. PW -21/A on the said statement of Constable Vikram Singh and transmitted it to the Police Station for registration of a case under Section 302 IPC.

(3.) INSPECTOR Meera Sharma further deposed that when she opened the wooden almirah fixed in the room, she found one bloodstained knife. She prepared a sketch of the knife and seized the same. Inspector Meera Sharma interrogated deceased's wife i.e. the appellant Parminder Kaur and their maidservant Chanda separately. On sustained interrogation, appellant Parminder Kaur made a confessional statement about commission of deceased Harbhajan Singh's murder in connivance with one Mandeep Singh (her co -convict). (The confessional statement is not admissible in evidence as there was no discovery of fact in pursuance thereof). Inspector Meera Sharma testified that Parminder Kaur's nails were having blood stains. The nails were cut with the help of a nail cutter and kept in a plastic jar. She deposed that she also interrogated Chanda (the maidservant) and on finding her complicity in commission of the offence punishable under Section 201/34 IPC, she was also arrested. Inspector Meera Sharma testified that she along with appellant Parminder Kaur and accused Chanda (already acquitted), S.I. Rohtash Kumar and other police officials reached Hotel Hayat Regency and on pointing out by appellant Parminder Kaur, apprehended appellant Mandeep Singh from the taxi stand. Appellant Mandeep Singh was also interrogated and his disclosure -cum -confessional statement Ex. PW -13/H was recorded. In pursuance of the said disclosure statement, appellant Mandeep Singh got recovered his bloodstained shirt from Jhalkari Devi Park. The Investigating Officer also seized the socks worn by appellant Mandeep Singh as bloodstains were also found on the same. The pair of socks were sealed by the Investigating Officer.