AMARJIT KAUR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal preferred by appellant Amarjit Kaur, assailing the judgment of conviction and order of sentence dated 25.03.2004 recorded by learned Additional Sessions Judge (Fast Track Court), Ferozepur, in case bearing First Information Report No. 193 dated 22.09.2003 under Sections 364 and 307 of the Indian Penal Code (for short "I.P.C.") registered at Police Station City, Ferozepur.

(2.) PRECISELY , the story of the prosecution was that Gurcharan Singh son of Mahla Singh, resident of Gali No. 5 at the back of R.S.D. College, Ferozepur had two sons. His elder son Sukhdev Singh was 4 1/2 years old and younger Vishal was 6/7 months old. His brother Resham Singh, who had a son and a daughter was also residing in the same street. Sukhdev Singh and children of Resham Singh were studying in Saraswati Vidya Mandir school. At the relevant time, Sukhdev Singh was in L.K.G.

(3.) THE appellant was charge -sheeted to which she pleaded not guilty and claimed trial. The prosecution examined PW1 Chanan Singh, PW2 Gurcharan Singh, PW3 Balbir Singh, PW4 Inspector Satnam Singh, PW5 AMHC Kulwinder Singh and PW6 Bindu. After closure of evidence of the prosecution, statement of appellant under Section 313 of the Code of Criminal Procedure (for short "Cr.P.C.") was recorded by putting to her the incriminating evidence available on record. She pleaded innocence and took the stand that in 1997 she had got registered a case under Section 307 I.P.C. against complainant Gurcharan Singh and his family members because she was administered poison and thereafter had taken divorce from her husband. Later on, she and her husband compromised and started living together. Since prior to their reunion her husband was giving his entire income to the complainant etc. but after her rehabilitation he stopped giving the same, out of that grudge the complainant falsely implicated her in the present case. She examined three witnesses including her husband Resham Singh to support her defence.