RAGHBIR KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by Raghbir Kaur and her husband Lal Singh against the judgment dated 13.06.2002 passed by learned Sessions Judge, Gurdaspur, vide which both the accused Lal Singh and Raghbir Kaur were convicted and sentenced as under:

(2.) Accused Lal Singh was convicted Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and in default thereof to further undergo rigorous imprisonment for one year. He was also convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- and in default thereof to further undergo rigorous imprisonment for six months. Accused Raghbir Kaur was convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default thereof to further undergo rigorous imprisonment for six months. She was also convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default thereof to further undergo rigorous imprisonment for three months. Both the substantive sentences were directed to run concurrently. Briefly stated, Harbhajan Singh son of Pal Singh and deceased Charan Kaur @ Mehngi lodged the FIR No.40, dated 18.03.1999 under Sections 364, 302, 201 read with Section 34 IPC at Police Station Qadian alleging that Raghbir Kaur wife of Lal Singh, their neighbourer, had borrowed one pair of gold ear rings, one gold ring, one gold necklace weighing about 27 grams and Rs. 1,500/- in cash from his mother Charan Kaur @ Mehngi, aged about 70/75 years, about 9-10 days back of the occurrence, on the pretext of visiting her relations. It was stated that letters 'CK' are engraved on the ring and necklace. After 2-3 days, Charan Kaur @ Mehngi demanded back her gold ear rings, one gold ring, one gold necklace and cash from Raghbir Kaur. However, Raghbir Kaur started putting of the matter on one pretext or the other. Then Charan Kaur told these facts to her son Harbhajan Singh, on which Harbhajan Singh, complainant asked Lal Singh husband of Raghbir Kaur about the same and requested him to return the gold ornaments and cash. On this, Lal Singh assured that ornaments and cash will be returned in a day or two. On 17.03.1999 at about 6.00 p.m., Lal Singh and his wife Raghbir Kaur came to the house of Harbhajan Singh and asked Charan Kaur @ Mehngi in the presence of Harbhajan Singh and his brother Sulakhan Singh to come to their house and get the ornaments and cash back. On this, Charan Kaur went away with Lal Singh and Raghbir Kaur accused. However, Charan Kaur @ Mehngi did not return till evening. At about 7/8 p.m., Harbhajan Singh went to the house of Lal Singh to enquire about his mother but nobody was found present in the house. Thereafter, Harbhajan Singh (complainant) and all of his family members started searching for Charan Kaur. On next day i.e. 18.03.1999 at about 7/8 a.m., Raghbir Kaur wife of Lal Singh returned to her house. Harbhajan Singh and Sulakhan Singh enquired from her about the whereabouts of their mother but they found that Raghbir Kaur was much perturbed and disturbed and told the complainant that she has no knowledge in this regard. She told that Charan Kaur @ Mehngi after receiving her ornaments had left her house. Harbhajan Singh suspected that Lal Singh and Raghbir Kaur have abducted her mother Charan Kaur @ Mehngi to mis-appropriate the gold ornaments and cash. Inspector Gurdip Singh, who recorded the FIR, thereafter recorded the proceedings, which were completed at 10.45 a.m. on 18.03.1999 and left for the place of occurrence.

(3.) On 18.03.1999, Raghbir Kaur was arrested. She suffered a disclosure statement Ex.PH before the police in the presence of Harbhajan Singh, complainant and SI Skattar Singh, S.H.O., Police Station Ghuman, wherein she disclosed that she along with her husband Lal Singh called Charan Kaur @ Mehngi to their house. She caught hold of the arms of Charan Kaur @ Mehngi and her husband Lal Singh gave dattar blow on the person of Charan Kaur @ Mehngi and killed her last night. Thereafter, she along with her husband wrapped the dead body of Charan Kaur @ Mehngi in a gunny bag and after digging a pit with kahi (spade) near the pond buried the same under the earth. She further stated that she can get the dead body recovered.