KULVINDER KAUR AND ORS. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) SINCE the above mentioned Criminal Appeals arise out of the same judgment and order, therefore, both of them are being decided together for the sake of brevity and convenience.

(2.) PW 1 Smt. Sheetal Kaur set the criminal law into motion by writing a complaint (Ext. Ka -2) to the SHO of PS Jaspur, on 20.03.2002, enumerating the facts contained therein that on the selfsame date, at 4:00 P.M. when the informant along with her son Kashmir was going to her brother's house, who was living in the same village, and reached in front of the house of Ajmer Singh, Ajmer Singh's wife Kulvinder Kaur came running on the spot and exhorted Srawan Singh to kill her (Sheetal Kaur) and her son (Kashmir Singh). A dispute of land was going on between Sheetal Kaur (informant) and Ajmer Singh. Srawan Singh s/o. Pyara Singh fired upon the son of the informant with a country made pistol. The fire struck the chest of the son of the informant. Kashmir Singh fell on the ground. Passersby Swarn Singh s/o. Rana Singh and Avtar Singh tried to catch hold of the assailants, but they ran away. Swarn Singh and Avtar Singh took the injured to the Government Hospital on a scooter.

(3.) AFTER considering the evidence on record, accused -appellant Sarwan Singh @ Srawan Singh was convicted of the offence punishable under Section 307 IPC and was sentenced to undergo rigorous imprisonment for five years along with fine of Rs. 5000/ -, in default of payment of which, he was directed to undergo two years further imprisonment. Accused -appellant Sarwan Singh @ Srawan Singh was also sentenced for the offence punishable under Section 506 of IPC and was directed to undergo one year's rigorous imprisonment. Accused -appellant Kulvinder Kaur was convicted of the offence punishable under Section 307 IPC read with Section 34 of IPC and was sentenced to undergo rigorous imprisonment for two years along with fine of Rs. 500/ -, in default of payment of which, she was directed to undergo two months' further imprisonment, vide impugned judgment and order dated 23.08.2003. Aggrieved against the said judgment and order, present Criminal Appeals were preferred by the appellants.