LOVPREET KAUR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-accused Lovepreet Kaur and Gurmit Kaur were held guilty and were convicted for the commission of offence under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo simple imprisonment for a period of three months each vide order dated 19.07.2003. It was ordered that the fine amount, if recovered, shall go to the complainant and that the period of detention already undergone by each convict shall be set off against the period of sentence awarded to them. Precisely, the story of the prosecution was that Gurjant Singh was resident of Malli Patti, Sehna and was running a Kiryana shop alongwith Jasbir Singh son of Gurcharan Singh at Village Nainewal. He was married with Lovpreet Kaur alias Raj Kaur daughter of Gurmail Singh, resident of Khaiala Kalan about three and a half years ago. A female child was born out of their wedlock. The parents of Lovepreet Kaur were poor persons and about one and a half years prior to the date of occurrence, father of Lovepreet Kaur had borrowed a sum of Rs. 50,000/- from Gurjant Singh, which he did not return. Subsequently, Lovepreet Kaur again raised a demand of Rs. 50,000/- before Gurjant Singh for her parents. Gurmit Kaur, mother of Lovepreet Kaur, had come to their house for that purpose, but he was not ready to pay the money. Lovepreet Kaur threatened him that in case the demanded amount is not paid, she would kill the daughter and would also kill herself.

(2.) Based on the statement of complainant Gurjant Singh, formal First Information Report was recorded and investigation commenced. The dead body of Kulbir Kaur was subjected to postmortem examination. In his report, the doctor opined that the mode of death was "asphyxia". Subsequently, on receipt of chemical examiner report on the viscera, the doctor gave opinion that the cause of death was chloro compound group of insecticide which was sufficient to cause death in the ordinary course of nature.

(3.) Initially, the prosecution filed charge-sheet only against Lovepreet Kaur (accused No. 1) and Gurmit Kaur (accused No. 2) was found to be innocent and was not challaned. Subsequently, during the trial, on an application, presented by the prosecution, invoking the provision of Section 319 of the Code of Criminal Procedure and finding that Smt. Gurmit Kaur was equally liable for commission of offence, she was summoned by the Court to face trial alongwith accused Lovepreet Kaur.