BALWINDER KAUR ALIAS RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balwinder Kaur @ Rani and Sukmander Singh @ Mander Singh were tried for committing offences punishable under Section 306 IPC. Vide impugned judgment and order dated 17.1.2004, the Additional Sessions Judge, Bathinda convicted both the accused for the aforementioned offence and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) In brief, the case of the prosecution is that Karamjit Singh, since deceased, was married to accused Balwinder Kaur @ Rani. Two sons were born from their marriage. Accused Sukhmander Singh @ Mander Singh had been visiting the house of Karamjit Singh and, accordingly, he developed illicit relations with Balwinder Kaur @ Rani. This had been going on for one year. On 22.8.2002, Sukhmander Singh @ Mander Singh took Balwinder Kaur @ Rani to his house with her consent. However, both of them were apprehended on the charge of vagrancy and were produced in the Court. Balwinder Kaur @ Rani, after putting in appearance in the Court, accompanied Sukhmander Singh @ Mander Singh to his village. On account thereof, Karamjit Singh went into depression and started asking people to help him in bringing his wife back as his sons were missing her. On 26.8.2002 at 6.00 p.m., Karamjit Singh returned home and stated to his father Darshan Singh that being fed up, he had consumed spray and this was on account of his wife Balwinder Kaur @ Rani going and staying in the house of Sukhmander Singh @ Mander Singh. Darshan Singh told his son Karamjit Singh that he had done a bad thing. However, he took him to Sukhmani Hospital, Mandi Goniana for treatment from where he was referred to Government Hospital, Goniana but on reaching there, he was declared dead. Darshan Singh also stated that his son was fed up on account of behaviour of Sukhmander Singh @ Mander Singh and Balwinder Kaur @ Rani.

(3.) In support of its case, the prosecution examined PW1 Darshan Singh-complainant, PW2 Sewak Singh, PW3 HC Bhura Singh, PW4 Dr.Balwinder Singh Gill and PW5 ASI Sukhdev Singh. When examined under Section 313 Cr.P.C., both the accused denied the prosecution allegations and claimed false implication. Accused Balwinder Kaur @ Rani also stated that she did not have illicit relations with her co-accused, rather there was a dispute between her and her in-laws in connection with dowry. Her husband was habitual of drinking and taking intoxicants.