BHAJAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 619-08 of 1983 filed by Bhajan Kaur and Jogindero, and Criminal Appeal No. 29-DB of 1984 by Mohan Singh, as they arise out of a common judgment of the learned Sessions Judge, Gurdaspur dated September 9, 1983, whereby he has convicted and sentenced the appellants as under: In brief, the prosecution case is that the house of Lakhbir Singh, deceased of this case, adjoins the house of his cousin brother Karnail Singh (P. W. 2). Jogindero, appellant, is the daughter and Bhajan Kaur appellant, is the wife of the above-mentioned Lakhbir Singh. Mohan Singh, appellant, is alleged to be the paramour of these two ladies.

(2.) Lakhbirsingh was a feeble person Mohan Singh used to visit his house and had liaison with Bhajan Kaur and Jogindero, appellants. Lakhbir Singh used to resent it and used to admonish these ladies Mohan Singh and Bhajan Kaur

(3.) On the night intervening 22/23rd January, 1983, at about 12 midnight Karnail Singh (P. W. 2) woke up as he had an urge to make water. He heard some noise emanating from the house of his cousin Lakhbir Singh. He called his brother Ajaib Singh, whose house adjoins the formers house. Ajaib Singh (P. W. 3) came there. Then both Jarnail Singh and Ajaib Singh scaled over the wall dividing the courtyards of the houses of Karnail Singh and Lakhbir Singh and went in the courtyard of the house of Lakhbir Singh. Karnail Singh had a torch with him. They heard Bhajan Kaur, appellant saying that Lakhbir Singh was a constant nagger who objected to the visiting of Mohan Singh. She proclaimed that Lakhbir Singh be finished once for all. She along with the appellants Jogindero and Mohan Singh, was present in a room where a lamp was burning and the door was ajar. Karnail Singh (P. W. 2) and Ajaib Singh (P. W. 3) saw that Mohan Singh, appellant, grabbed the long hair of Lakhbir Singh and threw him on a cot. Bhajan Kaur appellant caught hold of Jogindero Under section 302, Indian Penal Code, to undergo imprisonment for life. Mohan Sing and Bhajan Kaur Under section 302, read with section 34, Indian, Penal Code, to undergo imprisonment for life. Lakhbir Singh by his legs while Jogindero, appellant, put her hands around his neck and started pressing the same. Before catching hold of the deceased by the appellants, Bhajan Kaur, while niaking the abovesaid utterances, gave soti blows which hit on the lower limbs of the deceased. Lakhbir Singh was trying to get himself released. In the process, he grabbed the long hair of Mohan Singh, appellant. After sometime, Lakhbir Singh stopped resisting and his body became limp. Karnail Singh (P. W. 2) flashed the torch at the appellants. Mohan Singh rushed towards him. Both the witnesses got scared and went to their houses after scaling over the wall. Mohan Singh held out threats that in case they made noise or tried to inform the police, he would shoot them with his pistol. Thereafter all the three appellants went out of the house. Next morning Karnail Singh (P. W. 2) contacted Sampuran Singh, Sarpanch, of the village and apprised him of the occurrence and requested him to accompany them to Police Station, Quadian Sampuran Singh stated that The was busy and that they should go to the police station. Consequently, Karnail Singh went to the police station and lodged a report with Assistant Subinspector Natha Singh (P. W. 13) at about 10. 30 a. m. Police Station, Quadian is at a distance of about 9 kilometres from the place of occurrence. Assistant Sub-Inspector Natha Singh (P. W. 13) accompanied Kamail Singh (P. W. ) to the spot. He prepared inquest report. Earlier Dr. Parminder Singh, Medical Officer, Civil Dispensary, Batala, (P. W. 1) conducted autopsy on the dead body of Lakhbir Singh and noticed the following injuries: