SIMRANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 06.05.2004, rendered by learned Sessions Judge, Amritsar, in Sessions Trial No. 5 of 2003, whereby appellant Simranjit Kaur alias Simran, who was charged with and tried for the offence punishable under Section 302 IPC, has been convicted and sentenced thereunder to undergo imprisonment for life and to pay a fine of Rs.1,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(2.) The case of the prosecution, in a nutshell, is that a police party headed by Naresh Kumar, SI/SHO, Police Station Kotwali, Amritsar, was present at Chowk Butt Malika, on 25.08.2002. Mehar Singh got recorded his statement. According to his statement, he was serving as Manager in Hotel Krishna Lodge, Niwan Bazar, Jallianwala Bagh, Amritsar. The hotel was owned by Jatinder Sharma. There were twelve rooms in the hotel. It was his duty to look after the rooms and book the same. On 24.08.2002 at about 11.45 PM, one rickshaw puller had come with two customers at the hotel. The rickshaw puller was not known to him. One of those customers made entry in the Register at Serial No. 3455 at about 11.45 PM, writing his name as Daljeet Singh son of Darshan Singh. In the column of number of persons, it was written as Rs.1+1'. Room No. 17 was allotted to them. The identity of the lady accompanying him was disclosed as his wife. The couple left after 5-10 minutes for dinner. They came back at about 1.00 AM. At about 6.00 AM, the complainant had opened the gate of the hotel on the request of the lady. She was carrying one yellow colour bag in her hand. She wanted to go to Shri Darbar Sahib to pay obeisance. She told him that her husband was sleeping. She further told him that they would leave the room at about 10.00 AM. He had gone to room No.17 at about 10.00 AM to offer water to Daljeet Singh. He knocked the door. However, there was no response. The door was opened. Daljeet Singh was lying on the bed with his head towards the door. There was no response from him. He was found dead. The complainant went down-stairs. He narrated the incident to Jatinder Sharma, owner of the hotel. He instructed him to go to Police Station Kotwali. The lady did not come back. SI Naresh Kumar made endorsement Ex.PJ/2 on the statement of Mehar Singh Ex.PJ. It was sent to the Police Station. The police party reached the spot. No fresh wound or mark of any injury was found on the dead body. However, ligature mark was found around the neck. Inquest report Ex.PE was prepared. Body was sent for post mortem examination. Recoveries were effected from the spot. Statement of Nishan Singh, elder brother of deceased Daljeet Singh, was also recorded by SI Naresh Kumar. The body, after post-mortem examination, was sent to village Brass. The gist of the statement made by Nishan Singh was that Daljeet Singh was un-married. He was on visiting terms with Simranjit Kaur alias Simran wife of Puran Singh (his maternal aunt) resident of Abadi Rajpura, Bholath, District Kapurthala. He had illicit relations with her. Nishan Singh had suspicion that Daljeet Singh was strangulated by Simranjit Kaur in order to grab money. The statement is Ex.PL. FIR was recorded by SI Gurcharan Singh vide Ex. PL/3. Rough site plan was prepared. The accused was arrested. She was interrogated. She disclosed that she had kept concealed one bag containing Insurance Policy, receipt of the policy and one 'Chunni'. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Section 313 Cr.P.C. She denied the case of the prosecution. She also examined two witnesses in her defence.