KRISHNA RAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Sangrur, dated 7/01/1992 whereby the present appellant was convicted under Section 302 of the Indian Penal Code for intentionally committing the murder of her mother-in-law Suraj Kaur and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000.00. In default of payment of fine she was ordered to undergo further rigorous imprisonment for six months.

(2.) In brief facts of the prosecution case as emerge from the first information report recorded on the basis of the statement made by Pal Singh P. W. to ASI Rup Singh are that Reshma daughter of Suraj Kaur deceased was married to Pal Singh complainant, who, is a resident of village Cheema, whereas, Krishna accused is the wife of Ram Kumar son of Suraj Kaur deceased, who belongs to village Hamirgarh. According to the prosecution case, three days prior to the present occurrence Suraj Kaur went to village Cheema to see her daughter Reshma. On 27-8-1990, at about 4 p.m. Krishna accused went to the house of Pal Singh complainant. Her arrival was not to the liking of Suraj Kaur as relations of the accused with her husband Ram Kumar were strained, and, he had deserted her. Krishna accused believed that because of Suraj Kaur her husband had deserted her. As such the accused nourished a grudge against her mother-in-law. After taking meals all the family members of Pal Singh as well as Suraj Kaur went to sleep in the court yard. Surjit Singh brother of Pal Singh complainant was sleeping in the common court yard of his house which is adjacent to the house of Pal Singh. At that time an electric light was on. At about 3 a.m. on the night intervening 27/28-8-1990 Krishna accused got up and went up to the cot where Suraj Kaur was sleeping. She gave a blow with a Chhuri on the head of Suraj Kaur who raised shrieks and alarm. Thereafter Pal Singh and his brother Surjit Singh got up. They saw Krishna accused giving blows to her mother-in-law. After causing injuries Krishna accused managed to escape. The complainant and his brother Surjit Singh and other members of the family took care of Suraj Kaur, who, breathed her last after a short time. Pal Singh then proceeded to the Police Post, Cheema. On the way he met ASI Rup Singh near the bus stand and made his statement on the basis of which formal first information report was subsequently registered at the Police Station. Accompanied by Pal Singh PW, ASI Rup Singh then went and inspected the spot, prepared inquest report, lifted blood stained earth from near the spot and took into possession blood stained cloth spread on the cot on which Suraj Kaur was sleeping. He also recorded the statements of the witnesses and arrested the accused on 4-9-1990. After completion of the investigation, the present appellant was tried, convicted and sentenced by the learned trial Court, as stated earlier.

(3.) The appellant in her statement recorded under Section 313 of the Code of Criminal Procedure by the learned trial Court pleaded false implication. She stated that her husband Ram Kumar had developed illicit relations with Shimlo sister of Pal Singh and Surjit Singh PWs. She used to prevent her husband from leading adulterous life with Shimlo. She had asked him not to spend any money on her or her relations. She denied that Ram Kumar had deserted her and pleaded that she had good relations with Suraj Kaur. According to the accused even Suraj Kaur used to tell Ram Kumar to mend his ways. Pal Singh and Surjit Singh were not happy with her or with Suraj Kaur and in connivance with Ram Kumar they got her falsely implicated in this case. She further stated that at the time of occurrence she was in advance stage of pregnancy and could not move about. She delivered a female child a few days thereafter. Sukhwinder Singh, Assistant Superintendent of Central Jail, Patiala, was examined as DW l. According to this witness Krishna accused delivered a female child in Rajindra Hospital, Patiala on 16-9-1990 while lodged in Central Jail, Patiala, and that she was admitted in the hospital on 8-9-1990.