GURMIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Gurmit Kaur, aged 22/23 was convicted by learned Additional Sessions Judge, Amritsar, under Section 302, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 2,000/- in default of payment of which she was further sentenced to rigorous imprisonment for one year.

(2.) The First Information Report in this case was lodged by Smt. Ninder Kaur wife of Mann Singh resident of village Mule Chak, Police Station Saddar, Amritsar. The version given in the First Information Report is as follows:

(3.) Smt. Ninder Kaur along with her husband Mann Singh was living at village Mule Chak along with their four children including Sahib Singh alias Sahba aged 3. In another part of the house, another brother of Mann Singh named Fateh Singh alias Fatta was living. Gurmit Kaur accused is the wife bf said Fatta Singh. According to the prosecution, Gurmit Kaur suspected that her husband Fatta Singh had illicit relations with his elder brothers wife Smt. Ninder Kaur. The above ladies, that is wives of two of the brothers often quarrelled on account of disputes between children. Ninder Kaurs father-in-law Mohinder Singh had some cattle which he was keeping in a building belonging to one Han Singh. Some fodder was also stored in one of the rooms. On August 15, 1989, the accused went to that building in order to clean the cow dung and for serving water to the cattle. Ninder Kaurs son aged 3 years, her daughter Paramjit Kaur and one other girl named Raju followed the accused to that building. After about 15 minutes Snit. Ninder Kaur came out and was going towards the said building of Han Singh. On the way, she met her brother Bir Singh resident of Ghumanpura. Her brother asked Smt. Ninder Kaur as to where she was going. She told him that she was going to the building of Han Singh to enquire about her son Sabha and she asked him to accompany her. He also, therefore, accompanied her. When Ninder Kaur and her brother Bir Singh reached near, the gate of the building of Han Singh, they heard a loud shriek. Both of them ran and saw that Gurmit Kaur accused was giving blows with the spade, meant for removing fodder etc., on the head of Sabha from the reverse side while the child was lying on the ground. Within their sight the accused gave 3/4 blows on the head of Sabha from the reverse side of the spade. Smt. Ninder Kaur and her brother raised alarm. Gurmit Kaur threw down the spade and ran into the room meant for storing fodder. Sabha died on account of the injuries which were bleeding. Bir Singh and Smt. Ninder Kaur caught hold of the accused from her hair and dragged her out of the room where she had hidden herself. Smt. Ninder kaur started crying loudly which attracted her husband Mann Singh. The news of the incident spread in the village. Manjit Singh. Sarpanch, also reached the spot. Smt. Ninder Kaur along with her husband and Sarpanch proceeded towards the Police Station along with blood-stained spade and Gurmit Kaur accused leaving Bir Singh to guard the spot where dead body of Sabha Singh was lying. They met Assistant Sub Inspector Narinder Singh. Incharge, Police Post Sultanwind near Mahalia Guru Arjan Dev Nagar, Tran Taran Road, where the accused was handed over to the police and the spade was also produced. Assistant Sub Inspector Narinder Singh (P.W. 4) recorded the statement of Smt. Ninder Kaur at 6.20 P.M. and on the basis thereof formal First Information Report was entered at Police Station Saddar, Amritsar, at 7.20 P.M. Copy of the Special Report was received by the Judicial Magistrate at his residence at 10 P.M.