STATE OF PUNJAB Vs. SURJIT KAUR

JUDGEMENT

(1.) This application has been filed under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment dated 29.3.2011 acquitting Surjit Kaur, respondent, of the charge framed against her. The above named respondent along with Devinder Singh, her son, Teja Singh, her husband and one Baljit Kaur were arrayed as accused in FIR No. 118 dated 28.11.2006. It was an allegation against the accused that they have caused death of Amarjit Kaur, wife of Devinder Singh, by putting her on fire.

(2.) The trial Judge has noted the following facts regarding the case of prosecution:-

(3.) After recording statement of the deceased, ASI Sukhbir Singh, sent an intimation to the Police Station to for recording to record an FIR. He also recorded statements of the witnesses, got prepared a site plan of the place of occurrence. On 29.1.2006, injured Amarjit Kaur expired. The Investigating Officer prepared the inquest proceedings and sent the dead body for postmortem examination. On completion of the investigation, final report was presented in the Court against Devinder Singh and Teja Singh only. The names of respondent-Surjit Kaur and Baljit Kaur were put in column No.2 of the above report. During trial, an application was moved by the prosecution under Section 319 Cr.P.C. Respondent-Surjit Kaur and Baljit Kaur were summoned as additional accused. Copies of the documents were supplied to all the accused, as per norms. They were charge sheeted to which they pleaded not guilty and claimed trial.