PARMINDER KAUR @ SUMAN Vs. GURDEEP KAUR AND ANOTHER

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Muktsar on 07.08.2008, whereby the present appellant was convicted and sentenced to undergo life imprisonment for an offence punishable under Section 302 IPC and to pay a fine of Rs.10,000/-. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for a period of six months. The appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 27 (1) of the Arms Act, 1959 and to pay a fine of Rs.5000/-. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for a period of three months.

(2.) Gurdeep Kaur daughter of Mal Singh filed a complaint under Sections 302/120-B IPC as well as under Section 27 of the Arms Act, 1959 on 24.02.2003 against the present appellant Parminder Kaur @ Suman, Kuldeep Singh, SI Gurmel Singh, HC Karamjit Singh and Lady Constable Amarjit Kaur @ Bholi. In the said complaint, the Sub Divisional Judicial Magistrate, Gidderbaha summoned the present appellant for the offences under Sections 302 IPC and 27 of the Arms Act, 1959 vide order dated 31.10.2003. On 28.11.2003, the case was committed for trial before the Court of Additional Sessions Judge, Muktsar.

(3.) In the complaint (Ex.PA), it was alleged by the complainant Gurdeep Kaur that Gurmeet Singh-deceased was her brother and was working as SPO in the Punjab Police. He married Parminder Kaur-accused No.1 on 21.1.2001. Kuldip Singh-accused No.2 is brother of Parminder Kaur-accused No.1. SI Gurmel Singh, HC Karamjit Singh and Lady Constable Amarjit Kaur @ Bholi were working for Punjab Police. It is alleged that accused Nos.3 to 5 namely SI Gurmel Singh, HC Karamjit Singh and Lady Constable Amarjit Kaur @ Bholi were sympathetic towards the appellant being wife of their colleague Gurmeet Singh and they were on visiting terms. It is pleaded that her parents had delivered six sons and three daughters. On the night of 19.07.2002 at about 12 o clock, her brother Gurmeet Singh along with her nephew Shamsher Singh came to their house in village Gurusar in a car from Muktsar. They all are residing together. There is one chaubara in their house and accused No.1-Parminder Kaur and her brother Gurmeet Singh were residing in the aforesaid chaubara, but their kitchen was common. Her brother has a .12 bore double barrel licensed gun, which was kept for the protection of the family. Accused No.1-Parminder Kaur i.e. the present appellant after making an excuse, took her brother Gurmeet Singh and her nephew Shamsher Singh outside in their car and returned at about 3.00 am in the morning. She woke up and opened door. Then her brother and sister-in-law (bhabhi) went to the first floor to sleep, whereas Shamsher Singh slept with them on the ground floor. At that time, the licensed gun of his brother was lying with them at ground floor. At about 4.45 am, when she was about to prepare tea, they heard the noise of gun shot. She woke up her father Mal Singh, mother Jagir Kaur and nephew Shamsher Singh. Her another nephew Rajbinder Singh and brother Gurcharan Singh also came there from the adjoining house. When she and her father Mal Singh were in the stair-case to go on the first floor (chaubara), then Parminder Kaur having .12 bore double barrel gun in her hands was coming down-stairs in the perplexed condition and struck against her father. Her brother Gurmeet Singh was shouting that his wife has fired shot and killed him. When she and her father went up, they noticed that Gurmeet Singh was smeared with blood. Thereafter, they removed Gurmeet Singh to Civil Hospital, Gidderbaha, where he died. The post-mortem examination on the dead body of Gurmeet Singh was conducted at Civil Hospital, Gidderbaha and as per the post-mortem report, her brother died due to gun shot injury. Subsequently, Shamsher Singh told them that when they all three went to village Lundewala at night and when the car was turned towards village Ghagha by Gurmeet Singh, then accused No.1-Parminder Kaur told him to go to the side of canal, but her brother Gurmeet Singh refused. Gurmeet Singh and accused No.1-Parminder Kaur quarreled with each other on this account. It is also pleaded that deceased Gurmeet Singh had dispute with accused Nos.3 and 4 i.e. SI Gurmel Singh and HC Karamjit Singh, as her brother has lodged an FIR on 05.03.1998 with CBI, against SI Gurmel Singh-accused No.3 and HC Karamjit Singh-accused No.4. The proceedings in the said case are pending in the court at Patiala and the case was fixed for evidence. To save themselves in the said case and to take revenge, they wanted to kill her brother. SI Gurmel Singh and HC Karamjit Singh through Lady Constable Amarjit Kaur had illicit relations with her sister-in-law (bhabhi). It was also pleaded that accused No.2-Kuldeep Singh has conspired with accused No.1 because her brother used to stop accused No.1-Parminder Kaur to meet them. In the complaint, it was also averred that she recorded the telephonic conversation with accused Bholi (Amarjit Kaur) and as per the said conversation, the entire conspiracy was admitted by her. It was pleaded that as per the conspiracy, accused No.1 has killed her brother by picking gun from their house. They were in perplexed condition at that time. Accused No.1 told this matter to the remaining accused and accused No.3 SI Gurmel Singh used his influence with the police, distorted their statements and obtained their signatures/thumb impressions on blank papers and after conducting fake enquiry, prepared a report under Section 174 Cr.P.C. that Gurmeet Singh has died on account of accidental fire shot. It is pleaded that when the gun was lying on the ground floor, whereas her brother was sleeping on the first floor, therefore, her brother cannot die on account of accidental gun fire. It is alleged that accused No.1- Parminder Kaur picked up the gun from their house and killed her brother after firing shot.