PARAMJIT Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of afore-mentioned two appeals i.e. CRA No.849-DB of 2009 filed by Paramjit Kaur and CRA No.93-DB of 2010 filed by Sukhwinder Singh, against the judgment of conviction and order of sentence dated 04.09.2009 passed by the learned Addl. Sessions Judge, Ludhiana, vide which both the appellants namely Paramjit Kaur and Sukhwinder Singh, wife and husband, were convicted for the offence punishable under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.3000/- each. In default of payment of fine, the defaulter was ordered to further undergo rigorous imprisonment for a period three months.

(2.) The prosecution case was set in motion on the statement of Jaswinder Singh son of Bant Singh (Ex.PC) made to SI Satnam Singh, SHO, P.S. City, Jagraon on 30.04.2004 at about 2.30 PM, on the basis of which FIR Ex.PC/2 was registered at about 2.50 PM. In his statement (Ex.PC), Jaswinder Singh stated that they are three brothers and one sister. Jagsir Singh @ Kala is the eldest, Jasbir Singh is younger to Jagsir Singh and he is the youngest of all. He stated that marriage of Jagsir Singh @ Kala was solemnized about 11/12 years back with Manjit Kaur and he had three children. He was working as tailor master with Negi Tailors, Jagraon. He further stated that his brother Jagsir Singh had illicit relations with Paramjit Kaur wife of Sukhwinder Singh for the last 3/4 years. His brother used to pay less attention towards his wife and used to provide more money to Paramjit Kaur for maintenance and also used to visit her house off and on in routine. He further stated that last night i.e. 29.04.2004, his brother Jagsir Singh @ Kala met him and told him that today he is going to Paramjit Kaur to take the money, which she had borrowed from him and therefore, he would come late to the house. In the morning, when his brother did not return, he went to search him. When he reached near Malak Chowk, Gurwinder Singh son of Nirbhai Singh, Jat, resident of Agwar Lopon and Dev Singh son of Jagir Singh, Ramdasia, resident of Agwar Dala met him.

(3.) Thereafter, after preparing inquest report Ex.PA/1, SI Satnam Singh sent the dead body of Jagsir Singh to Civil Hospital, Jagraon for conducting post mortem examination. Both the accused namely Paramjit Kaur and Sukhwinder Singh were arrested on 01.05.2004. On interrogation, Sukhwinder Singh suffered a disclosure statement (Ex.PW9/F) to the effect that he has kept concealed cloth like parna under the other clothes lying on the cot, whereas the rickshaw rehri (cycle cart) has been concealed in a vacant plot behind Pappu Studio, Katcha Malak Road under Purali (rice husk). In pursuance of such disclosure statement, accused Sukhwinder Singh got recovered the parna and cycle cart from the disclosed places. Both parna and cycle cart were taken into possession vide recovery memos Exs.PW9/G and PW9/H.