KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the following facts Diwan Singh and Nidhan Singh were two brothers and were cultivating their land in village Kahanpur, Police Station, Chamkaur Sahib. Diwan Singh's daughter, Harbans Kaur, was married with Bikram Singh, who was in the Army and as such she was residing at her parental house, whereas Kulwant Kaur daughter of Nidhan Singh was residing with her parents. Harbans Kaur had a son, namely Gurmit Singh, aged about two years. The relations between Kulwant Kaur and Harbans Kaur, though first cousins, were not cordial and there were often unpleasant exchanges between them. On July 27, 1996, Gurmit Singh was playing with his uncle Jamal Singh (PW-3) and at about mid day Jarnail Singh went inside to take a bath and when he returned he found that Gurmit Singh was missing. Jarnail Singh accompanied by his brother PW-4 Harjit Singh then left in search of Gurmit Singh in the fields as also in the village but without success. While they were returning home disappointed, they heard a noise from the house of Nidhan Singh and on entering the same they saw Kulwant Kaur was covering the dead body of Gurmit Singh with wheat straw (Turi). On seeing Jarnail Singh and Harjit Singh, Kulwant Kaur ran away from the spot. Gurmit Singh was removed to the Clinic of PW-2 Dr. Sohan Lal, who declared the child as dead. The dead body was accordingly brought home. Jarnail Singh (PW- 3) also left for the police station, but diet a police party headed by SI Sarwan Ram (PW-9) near village Dhaulran, 24 miles away, and made his statement to him at 4.20 P.M. and on its basis the formal FIR was registered at 4.40 P.M. for an offence punishable under Sec. 302 of the Indian Penal Code, with the special report being delivered to the Illaqa Magistrate at 10.30 P.M., the same day. On the completion of the investigation, Kulwant Kaur accused was charged for an offence punishable under Sec. 302 of the Indian Penal Code and as she pleaded not guilty, was brought to trial.

(2.) The prosecution in support of its case, examined PW-1 Dr. Surjit Singh, who had conducted the postmortem examination on the dead body and had found two injuries on it; PW-2 Dr. Sohan Lal, a private medical practitioner, who had declared the child dead when brought to his clinic; PWs. 3 and 4, Jarnail Singh and Harjit Singh, respectively, the two eye witnesses; PW-7 Gurdip Singh Sarpanch of village Kahanpur, who had produced the accused before the police after he had made an extra-judicial confession before him; and PW-9 SI Sarwan Ram, the Investigating Officer.

(3.) The prosecution case was then put to the accused and her statement recorded under Sec. 313 of the Criminal Procedure Code. She denied the allegations and pleaded false implication. She also examined three witnesses, namely, HC Sukhdev Singh (DW-1), Jiwan Dass (DW-2) and Pawan Kumar Kaushal (DW-3) in defence.