SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated December 10, 1996 of the High Court of Punjab and Haryana in Criminal Appeal No. 281 DB/94 whereby it upheld the conviction of the appellant under Section 120B/302 IPC Facts relevant for disposal of the appeal are as under :

(2.) THE alleged motive for the murder was that a few days before the incident the appellant, who was earlier the Veterinary doctor of Giddar Pindi, was served with an order of transfer and the deceased was to replace him. Since the appellant was reluctant to leave Giddar Pindi, he locked the gate of the hospital so that the deceased could not take over charge. Finding the hospital locked, the deceased joined his duties by affixing a slip on its outer gate and made a representation to his senior officers about his predicament. A Committee of three doctors was then constituted and sent to ensure that the charge of the hospital was handed over to the deceased. Under orders of the Committee the appellant handed over charge to the deceased on June 27, 1992. At that time the appellant and his brother Varinder Kumar threatened the deceased with dire consequences.

(3.) IN absence of any eye witness to the murder the prosecution rested its case upon the evidence adduced relating to the extra -judicial confession made by the four accused persons and the motive. Accepting that evidence the trial Court convicted the appellant and his brother and the High Court dismissed the appeal of the former, while allowing that of the latter.