KALAWATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Kalawati for challenging the judgment and order dated 23.10.2003 passed by the Additional Sessions Judge, Patiala, whereby she was convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/ -. In default of payment of fine, she was ordered to further undergo rigorous imprisonment for three months. The period already undergone by her during the investigation and trial was ordered to be set off against the substantive sentence of imprisonment imposed upon her.

(2.) THE facts leading to the filing of the appeal are that on 12.5.2002 SI Raj Kapur, Incharge, Police Post Tripuri, Patiala received a telephone call from Bakhshish Singh, resident of House No. 36 -A, New Green Park Colony, Patiala that Dharamvir Singh, resident of House No. 52, New Green Park Colony, Patiala had been murdered and some police officer be sent at the spo0t. Upon this, SI Raj Kapur, alongwith fellow officials, reached the spot where Bakhshish Singh was found present who got recorded his statement Ex.PF to the effect that he was working as Assistant Storekeeper at Verka Milk Plant, Hassanpur, while Dharamvir Singh deceased was working as Fitter in the Verka Milk Plant. Dharamvir Singh was residing in House No. 52, New Green Park Colony, Patiala with his wife Kalawati (appellant), daughter Monisha and sons Vikas and Vishal. Dharamvir Singh was fond of taking liquor and on that account there usually remained dispute between him and his wife. On that day i.e. 12.5.2002 at about 4.30 a.m., Bakhshish Singh, as per his routine, started for the morning walk. While passing in front of the house of Dharamvir Singh, he noticed his dead body lying inside the gate of his house which was besmeared with blood. Bakhshish Singh pressed the bell switch but there was no reply from inside nor anyone opened the door. He, accordingly, woke up Amarjit Singh Kharoud, resident of House No. 46 and Baldev Singh resident of House No. 44 of New Green Park Colony and alongwith them, went inside the house after opening the gate. They saw Dharamvir Singh lying dead inside the gate and there were injuries on his left ear and head. On account of excessive bleeding, he had died. Blood stains were found present on the floor of the lobby. According to Bakhshish Singh, Dharamvir Singh had been murdered by his wife Kalawati.

(3.) IT is also the prosecution case that on 13.5.2002 SI Raj Kapur raided the house of Kalawati but she was not available there. On 16.5.2002, Suresh Kumar brother of the deceased appeared before SI Raj Kapur and stated that Kalawati and her son Vikas had come to his house on 15.5.2002. Kalawati told him that she, alongwith her son Vikas, had committed the murder of Dharamvir Singh. Accordingly, Suresh Kumar produced Kalawati and Vikas and they were taken into custody. During her interrogation, Kalawati suffered disclosure statement Ex.PG, pursuant to which she got recovered a Danda (log of wood) Ex.P2, shirt of Vikas Ex.P16 and her Jumper Ex.P15, from near wall of a godown. Vikas was also interrogated and suffered disclosure statement Ex.PH, pursuant to which he got recovered one iron Dat Ex.P1. After completion of the investigation, final report under Section 173 Cr.P.C. was submitted against the appellant Kalawati. Her son Vikas was found to be juvenile and, accordingly, proceedings against him were segregated. The appellant was charged under Section 302 IPC, to which she pleaded not guilty and claimed trial.