PAVITAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, along with Daljit Kaur, was tried for committing offences punishable under Sections 302/34 IPC for committing the murder by intentionally causing the death of Rajwant Kaur alias Gorkhi on 1.5.1999 in the area of village Kotli Surat Malhi. Vide impugned judgment and order dated 11.3.2003, learned Sessions Judge, Gurdaspur acquitted accused Daljit Kaur of the charges framed against her, whereas the appellant was held guilty under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) According to the prosecution, on 1.5.1999 at 9.30 a.m. Surjit Kaur, mother of deceased Rajwant Kaur alias Gorkhi made statement Ex.PD before SI Kulbir Singh, Station House Officer, Police Station Kotli Surat Malhi, wherein she stated that she was resident of village Dhesian and a house wife. She had six daughters. Out of them, Rajwant Kaur alias Gorkhi was married with Suba Singh alias Babu son of Bachan Singh, caste Jat, resident of village Kotli Surat Malhi about 12/13 years back. After about nine years, Rajwant Kaur alias Gorkhi gave birth to a son. Six months after the birth of the child, Suba Singh expired. The complainant re-married her daughter with her devar Pavitar Singh alias Neetu, brother of Suba Singh. Her daughter used to apprise her after coming to village Dhesian that her husband had illicit relations with his brother's wife Daljit Kaur and both of them used to harass and beat her. Daljit Kaur used to threaten her by saying that she would not allow her to settle in the house of Pavitar Singh. The complainant would console her daughter that since her husband had already died, she should somehow or the other adjust herself in the house of Pavitar Singh. On 1.5.1999 at about 7.00 a.m. when the complainant was present in her house, she learnt that her daughter Rajwant Kaur alias Gorkhi had been killed during the night by her husband Pavitar Singh and her brother-in-law's wife Daljit Kaur.

(3.) Accordingly, the complainant, along with her husband Harbans Singh, brother-in-law Virsa Singh and son-in-law Karamjit Singh reached the house of her daughter in village Kotli Surat Malhi. The dead body of her daughter was lying on a cot. There were marks of rope on her neck. She was also having abrasions on the right lower leg and left ankle. There were reddish brown abrasions on her back and left cheek. She was firmly of the belief that her daughter Rajwant Kaur alias Gorkhi had been killed by her husband Pavitar Singh and her husband's elder brother's wife Daljit Kaur by strangulating her and also by inflicting her injuries. She, accordingly, prayed for taking legal action against the accused.