ANITA @ GURIA Vs. STATE

JUDGEMENT

(1.) The case pertains to the injuries suffered by the old lady at the hands of a maid servant i.e. accused-appellant Anita @ Guria (herein referred as 'the accused') during the night of 12.10.2000, on account of which she was prosecuted and vide judgment dated 26.11.2002, she was convicted and sentenced to undergo rigorous imprisonment for three years under Section 308 IPC; rigorous imprisonment for three years and to pay fine of Rs. 500/- under Section 452 IPC.

(2.) The injured Kuljit Kaur was living on the ground floor of House No. 3076, Sector 19-D, Chandigarh. The accused had remained employed as maid servant with her for 4-5 days prior to the occurrence. The complainant Ashok Kumar (herein referred as 'the complainant') was residing on the top floor of the said house. On 12.10.2000, at about 10.15 p.m. on hearing cries, the complainant came down and found that the iron gate was closed from inside and some shrieks were coming from there. The complainant entered the court yard from back side of the house and peeped into the house through the window and found Kuljit Kaur lying on the ground floor with injuries on her face. In the meanwhile, Narinder Kaur (PW3) daughter of Kuljit Kaur also arrived there. Then the door was opened. On asking, Kuljit Kaur informed that the accused had caused her injuries with the roller (belna) and had threatened to kill her. Thereafter, he and the other witnesses noticed that the accused had concealed herself beneath the bed, from where she was pulled out. The injured was sent to the Government Medical College & Hospital, Sector 32, Chandigarh.

(3.) After recording the aforesaid statement, ASI Karnail Singh made his endorsement and sent the same to the Police Station Sector 19, Chandigarh, on the basis of which FIR was registered against the accused. ASI Karnail Singh prepared the rough site plan; took into possession the roller, lifted blood stains spread over the floor at the place of occurrence and took the same into possession vide separate recovery memos. He also took into possession double bed sheet and the pillow stained with blood. The accused was arrested and he also got photographed the place of occurrence, recorded statements of the witnesses. After receiving fitness certificate from the doctor, he also took into possession salwar (trouser) and kameez (shirt) of the injured vide separate recovery memos. He also took into possession the blood sample of the injured Kuljit Kaur during the course of investigation and on completion of the investigation challan was presented in the court which committed to the court of Session.