USHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 01.08.2003 passed by Shri Lakhbir Singh, Sessions Judge, Bathinda, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 04 years and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months under Section 306 of the Indian Penal Code (in short "the IPC").

(2.) Brief facts of the case as gathered from the record are that Kirna wife of Binder Singh was admitted in Civil Hospital, Rampura, on 05.08.2000. ASI Santokh Singh along with ASI Sucha Singh went to the hospital and moved an application regarding fitness of Kirna for recording her statement. The doctor declared her fit to make the statement. Accordingly, statement of Kirna was recorded to the effect that she was serving at Subscriber's Truck Dialing (in short "the S.T.D.") of Jiwan Kumar for the last about two years. Usha Rani (appellant) w/o Jiwan Kumar was quarreling with her and asking her to leave the job as Usha Rani was suspecting that Kirna had illicit relations with the husband of accused/appellant but Kirna was not willing to leave the job. On account of quarrel, she was fed up and on 05.08.2000 at about 10.00 or 10.30 she consumed poisonous tablets. Later on Kirna died in the hospital. Accordingly, FIR was registered and investigation was carried out. Accused was arrested. After completion of investigation, challan against the accused was presented in Court.

(3.) Copies of challan, as envisaged under Section 207 Cr.P.C were supplied to the accused, free of costs. Charge under Section 306 IPC was framed against the accused to which she pleaded not guilty and claimed trial.