INDER KAUR Vs. STATE

JUDGEMENT

(1.) On a difference of opinion between Rajindar Sachar, J. (as His Lordship then was) and Malik Sharief-Ud-Din, J. this appeal has come to me for my opinion under section 392 of the Code of Criminal Procedure.

(2.) Appellant No. 1 Inder Kaur and appellant No. 2 Harbans Kaur were tried and found guilty by an Additional Sessions Judge of the offence under section 302 read with section 34 of the Indian Penal Code and sentenced to imprisonment for life. The charge against the accused was that they had on 18th October 1978 at about 2.30 p.m. in the Barsati floor of their house No. E-6, Jangpura Extension, after pouring kerosene oil on Hardeep Kaur set her ablaze and thereby caused her death. She died on 2nd November, 1978.

(3.) Sachar J. and Sharief-Ud-Din, J., though for different reasons agreed that the case against the appellant Inder Kaur is not proved and her appeal was allowed and she was acquitted. However, regarding the appellant No. 2 Harbans Kaur Sachar J. is of the opinion that the case against her is proved beyond doubt and he, accordingly, dismissed her appeal and maintained her conviction and sentence. Sharief-Ud-Din J. is of the view that the case against appellant No. 2 Harbans Kaur is also not proved and, accordingly, allowed the appeal by her and acquitted her. Now, it is only the case of appellant No. 2 Harbans Kaur that is before me for consideration.