AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of conviction and the order of sentence, both dated September 18, 1986 whereby the learned Sessions Judge, Ropar, has acquitted Smt. Shero of the offences charged with and convicted the appellants for offence Under Section 304, Part II, IPC and as a result thereof sentenced them to undergo rigorous imprisonment for three years each and fine of Rs. 200/- each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for six months each. It may be mentioned here that the accused were tried on a charge under Section 302 read with Section 34, IPC. However, from the evidence led during the trial, the learned Sessions Judge came to the conclusion that the charge Under Section 302, IPC has not been proved and instead the accused-appellants were proved to have committed the offence under Section 304, Part II of the IPC.

(2.) CRIMINAL Revision No. 1570 of 1986 has also been filed in this case on behalf of the complainant for enhancement of the sentence and the same will be disposed of with this Criminal Appeal No. 632-SB of 1986, by a single judgment.

(3.) THE prosecution case, as it can be I gathered from the evidence on record, may be summed up in brief thus:-Sham Singh deceased is the husband of Smt. Kako P. W. 5 and father of Sarmukh Singh P. W. 4, Harnek Singh and Subedar Joginder Singh. Smt. Karamjit Kaur is the daughter of the brother of Sarmukh Singh P. W. 4 (though it has not been brought in the evidence of the prosecution as to who is the i father of Smt. Karamjit Kaur but the fact that i she is the daughter of the brother of Sarmukh i Singh P. W. 4 is not in dispute between the j parties ). Appellant Ram Asra is the husband of accused Smt. Shero (since acquitted by the trial Court) and father of Avtar Singh appellant. Smt. Shero is the sister of Smt. Kako P. W. 5.