BALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Baljit Kaur widow of Joginder Singh, aged 47 years, household, has filed the present criminal appeal and it has been directed against the judgment and order dated 19.8.1998 passed by Additional Sessions Judge, Barnala, who while acquitting Balwinder Singh son of Malkiat Singh, an old man of 73 years, has convicted the present appellant under Sec. 302 of the Indian Penal Code for committing the murder of Harbans Singh and sentenced her to undergo life imprisonment and to pay a fine of Rs. 1,000.00 and in default of payment of fine she was directed to undergo rigorous imprisonment for a period of three months.

(2.) Smt. Baljit Kaur and Balwinder Singh (since acquitted) were charge-sheeted under Sec. 302/34 of the Indian Penal Code of the allegations that on 4.7.1995 in the area of Barnala, District Sangrur, in furtherance of their common intention they committed the murder of Harbans Singh and thereby allegedly committed an offence punishable under Sec. 302/34 of the Indian Penal Code.

(3.) The investigating agency came into action when SI Surinder Pal Singh received a ruqa from Civil Hospital, Barnala regarding the death of Harbans Singh. Consequently he along with ASI Jasmel Singh and other members of the police party proceeded for Civil Hospital, Barnala in order to take the action and when the police party reached at Chowk Gadda Khanna, Jaspal Singh PW met the Investigating Officer SI Surinder Pal Singh and gave statement Ex. PK stating therein that he was a resident of Sant Uttar Dev Nagar, Barnala. On the date of occurrence i.e. 4.7.1995 at about 7/8 p.m. he was present at his house when Surjit Singh alias Jita Singh son of Bhan Singh of Barnala came to him and informed that his brother Harbans Singh was admitted in Civil Hospital, Barnala. On receipt of that information he went to Civil Hospital, Barnala where his brother was admitted. On reaching there he came to know that he was got admitted by Smt. Baljit Kaur alias Bhuro widow of Joginder Singh, resident of Bhadaur Chowk, Barnala (present appellant). He asked from his brother who was writhing in pain as to what had happened, upon which his brother told him that he was given poison in some eatable article by Smt. Baljit Kaur appellant and as a result of that he was not feeling well and that he might not survive. Jaspal Singh further stated that on his enquiry from his brother the latter told him that woman had played a black magic upon him. She developed illicit relations with him and she used to ask him to get his share in the property by seeking partition from his family members but he was not prepared to do so and he used to tell to Smt. Baljit Kaur that since he does not earn anything so how he could ask his family members for his share, but Baljit Kaur used to compel him to seek partition but on the contrary he (deceased) told her that she should not raise the demand for separation for his share. Jaspal Singh further stated that then he enquired from Baljit Kaur how the condition of his brother became serious. Upon this Baljit Kaur became nervous and finding an opportunity he slipped away from the hospital. In the meanwhile the condition of his brother deteriorated and he started breathing with difficulty and after sometime at about 9.15 p.m. he expired. Finally Jaspal Singh complainant has alleged that his brother has been intentionally murdered by Smt. Baljit Kaur who is a lady of bad character and it is possible that some other person might have having illicit relations with her also. According to the complainant, the motive for the crime is that Baljit Kaur used to reside near their house and she had enticed his brother and developed illicit relations with him. When this fact came to the notice of the complainant and his family members they used to desist Baljit Kaur from carrying on illicit relations. So much so, on one occasion his father (Labh Singh) gave a slap on the face of Baljit Kaur who even threatened the complainant party to ruin their family. It is also alleged by the complainant that Baljit Kaur after developing relations with his brother Harbans Singh had committed his murder and therefore action may be taken. The above statement Ex. PK was read over and explained to the complainant who signed the same in token of correctness and it was attested by SI Surinder Pal Singh who made endorsement underneath the said statement and it was sent to the police station for the registration of case under Sec. 302 of the Indian Penal Code. The endorsement was concluded at 11.30 p.m. on 4.7.1995 at Gadda Khana Chowk and on the basis of that formal FIR Ex.PK/1 was recorded in Police Station, Barnala itself vide DDR No. 33 at 11.40 p.m. on 4.7.1995 just after 10 minutes. The Area Magistrate also sits Barnala proper but the special report of this case was received by him at 4.00 a.m. on 5.7.1995.