SHANO @ SHANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl. Appeal No. 271-DB of 1996 has been filed by Smt. Shano wife of Kishori Lal, resident of village Dakoha,Tehsil and District Jalandhar and Crl. Appeal No. 19-DB of 1998 has been filed by her co-accused Ajmer Singh resident of village Bhojowal, Police Station Sadar, Jalandhar and both these appeals have been directed against the judgment and order dated 12th March, 1996 passed by the Court of Additional Sessions Judge, Ludhiana, who convicted both the appellants under Sec. 396 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 2000.00 each. In default of payment of fine, each one of the appellants was directed to undergo R.I. for a period of six months.

(2.) It may be mentioned here that along with two appellants, three more persons namely, Gurmit Singh. Inderjit Singh and Kulwinder Singh @ Billa were tried for the various offences but the trial Court gave finding that the prosecutions have not been able to prove the charge/charges against these persons.

(3.) Smt. Shano and her co-accused Ajmer Singh were charge-sheeted by the trial Court that on 23.5.1992 at about 11.15 A.M. in the area of Joshi Nagar, Haibowal Kalan, they along with their companions committed dacoity and while committing the dacoity, they murdered Smt. Satinder Kaur when the actual death was caused by Ajmer Singh appellant and thereby they committed the offence punishable under Sec. 396 Indian Penal Code. The appellants were further charge-sheeted that on the same day, time and place, the appellants with their companions dishonestly converted for their own use an amount of Rs. 30,000.00 one gold Kara weighing 21 grams, one gold chain weighing 16, grams one pair of ear ring, two gold finger rings, one gold pair of topas knowingly that such property was in lawful possession of Smt. Satinder Kaur deceased at the time of her death and thereby they allegedly committed an offence punishable under Sec. 404 Indian Penal Code. The appellants were also charge-sheeted on the same day, time and place and jointly with their companions committed lurking house trespass by entering into the house belonging to Smt. Satinder Kaur and Paramjit Singh and the said building was being used as a human dwelling and that Ajmer Singh appellant at the time of committing such offence voluntarily caused the death of Smt. Satinder Kaur with the help of the firearm and thereby they allegedly committed an offence punishable under Sec. 460 of the Indian Penal Code.