KRISHNA (SMT ) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) widow of Shri Raghubir Nath, Caste Bawa; resident of village Gorakhpur, Police Station Nawanshahar, has filed the present criminal appeal and it has been directed against the judgment and order dated 24.9.1996 passed by the Court of Additional Sessions Judge, Jalandhar, who convicted the appellant under Section 302 of the Indian Penal Code and sentenced her to undergo life imprisonment and to pay a fine of Rs. 2000/- or in default of payment of fine she was further directed to undergo rigorous imprisonment for three years. She was further sentenced to undergo rigorous imprisonment for a period of three years under Section 201 of the Indian Penal Code for concealing the dead-body of Golu and the trial Court further declared that both the substantive sentences shall run concurrently.

(2.) Smt. Krishna and her son Ashok Nath (since acquitted vide the impugned judgment) were charge-sheeted with the allegations that on 17th June, 1995 in the area of village Gorakhpur, in furtherance of their common intention, which was to commit the murder of Golu son of Bali Ram Bawa, resident of village Gorakhpur, aged about 1-3/4 years, did commit the murder by intentionally causing his death and thereby they committed an offence punishable under Section 302/34 IPC. Secondly, on the same day, time, and place and in furtherance of their common intention caused disappearance of the evidence regarding the murder of Golu by concealing his dead-body with intention to screen themselves from legal punishment and thereby they committed an offence punishable under Section 201/34 of the Indian Penal Code.

(3.) Shri Sewa Ram (Ex-Sarpanch) son of Gurdas Ram, who is the grand-father of Golu, gave statement Ex. PE before ASI Bahadur Singh on 21.6.1995 by inter alia stating that he is a resident of village Gorakhpur and works as a labourer. He has four sons and three daughters. His son Bali Ram who is married has two sons aged 3-1/2 years and 1-3/4 years. The same of the younger son is Golu (deceased), on 17.6.1995 at about 5.00 P.M. elder son Vicky reached Haveli, but younger son Golu did not reach there. On this, he along with his elder grandson Vicky searched for Golu at home, but he was not available there. Thereafter, his family members searched for Golu at the temple of Baba Chhinda where Baba Ashok Nath was performing a Jagrata, but Golu was not available there. It is alleged by the complainant that he and his family members had been searched for Golu in the wells, ponds etc. near the village. On 21.6.1995 when they were searching for him in the houses and havelies of the village, they found the dead-body of Golu in a swollen condition and foul smell was emitting from a room meant for wheat thrash in the Haveli of Dharam Pal alias Pali son of Tarsem Lal, which adjoins to the temple. He left his son Jarnail and his brother Mewa Ram at the spot in order to guard the dead-body. It is further stated by the complainant that his grandson Golu has been killed by Smt. Krishna wife of Raghbir and her son Ashok Nath who is the Head Sewadar of the Temple and are known for witchcraft and they had concealed the dead-body in a room meant for wheat thrash of the Haveli. His statement Ex. PE was read over and explained to Sewa Ram complainant who signed the same in Punjabi in token of correctness on 21.6.1995 and it was attested by ASI Bahadur Singh. Thereafter, the Thanedar made endorsement Ex. PE/1 underneath the said statement at 12.30 P.M. on 21.6.1995 at it was sent to Police Station Nawanshahar for registration of the case under Section 302/201/34 IPC, on the basis of which FIR No. 32 (Ex. PC) was recorded vide DD Nos. 11/12 at 1 or 1.35 P.M. by S.I. Amarjit Singh. The special report of this case reached the area Magistrate at 4.00 P.M.