STATE OF PUNJAB Vs. HARBANS KAUR

JUDGEMENT

(1.) THIS is a Murder Reference sent by the Additional Sessions Judge, Moga under Sections 366/368 of the Cr.P.C. The learned trial Court vide its judgment/order dated 1.4.2006/4.4.2006 convicted appellant Harbans Kaur wife of Kartar Singh under Section 302 IPC and sentenced her to death and directed that she be hanged by the neck till she is dead.

(2.) WE will be taking up Murder Reference No. 2 of 2006 and the appeal preferred by appellant Harbans Kaur, i.e. Criminal Appeal No. 309-DB of 2006 together and will be passing a common judgment, as both arise out of the same judgment/order. The case of the prosecution is unfolded by the statement Ex. P-33 of Harpreet Kaur wife of Gurjit Singh given to ASI Darshan Singh of P.S. Kot Ise Khan on 9.3.2005. She stated that she was married with Gurjit Singh about 7 years back. She has a son by the name of Rajwinder Singh who is about 5-1/2 years old. Gurjit Singh plied a taxi at Kot Ise Khan. On 4.3.2005 at about 2 p.m. Gurjit Singh had gone to the Taxi Stand as usual. Harpreet Kaur and her mother-in-law Harbans Kaur were present in the house. Harpreet Kaur was preparing meals in the room. Her mother-in-law Harbans Kaur came in, all of a sudden, carrying a jug containing kerosene oil. As soon as she came in, she poured kerosene oil on her (Harpreet Kaur) and after extracting a match stick from a match-box, at once set her on fire. Harpreet Kaur's clothes caught fire. She quickly came out into courtyard shouting for help. Because of the fire, clothes of Harpreet Kaur stuck to her body. She fell down in the courtyard and became unconscious. She further stated that her husband Gurjit Singh firstly took her to Dr. Dharampal at Kot Ise Khan. Then she was taken to Sharma Hospital, Dutt Road, Moga. On seeing that her condition was deteriorating, on 7.3.2005 her brother Balwinder Singh and her husband Gurjit Singh brought her to Anil Baghi Hospital, Ferozepur City. She further stated that due to fire, she suffered burn injuries on her breast, abdomen, back, both thighs and both arms. The cause of grudge was that her mother-in-law was a lady of loose character and unknown persons used to visit her from different areas. Harpreet Kaur took ill of this and used to try to dissuade her from indulging in illegal activities. But instead of stopping, her mother-in-law picked up a quarrel with her and because of this she poured kerosene oil on her (Harpreet Kaur) and set her on fire with an intention to kill her. Further, she has stated in her statement, that she has heard the same, which is correct and it is thereafter she has put her left thumb impression on her statement.

(3.) SHRI Harish Anand, J.M.I.C., Ferozepur recorded another dying declaration Ex. 24 of Harpreet Kaur on 9.3.2005 at 3.05 p.m. Harpreet Kaur stated that she is aged 30 years. She is a resident of Village Chuge Wali. (Again said, resident of Joge Wala). Her marriage was solemnized with Gurjit Singh seven years back. She has two sisters and a brother. On 4.3.2005 at about 2 p.m. her mother-in-law Harbans Kaur poured kerosene oil on her contained in a jug. She started running, but Harbans Kaur ignited a match stick due to which she caught fire. She ran out of the room. She raised hue and cry and thereafter became unconscious. Her husband was not present in the house and Harpreet Kaur herself and her mother-in-law alone were present. She was set on fire with an intention to kill her. The grudge being that her mother-in-law wanted to push her out of the house. The left thumb impression of Harpreet Kaur was affixed on this dying declaration.