CHARAN KAUR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Charan Kaur, who is 19 years of age and has been convicted of murder of her husband's younger brother Partap Singh alias Nikka and has been sentenced to imprisonment for life. She has also been convicted under section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for three years. Both the sentences have been ordered to run concurrently. Along with Charan Kaur her mother Kartar Kaur was also tried under Section 201 of the Indian Penal Code but, she has been acquitted.

(2.) The case for the prosecution hinges on the statement of Ajit Singh who turned an approver in the present case. He was married to Swaran Kaur, elder sister of Charan Kaur accused, and before Charan Kaur got married to her husband Hari Singh she contracted an illicit, intimacy with Ajit Singh, which it is said continued after she got married to Hari Singh. Partap Singh on one occasion had the misfortune to see Charan Kaur and Ajit Singh in a rather compromising position and when Ajit Singh went to meet Charan Kaur some time later she complained to him that Partap Singh had been troubling her and had been insulting her and therefore should be murdered. She is also alleged to have suggested that Ajit Singh should manage to send Hari Singh off to Chabba and Ajit Singh should come to the village to Charan Kaur. Hari Singh was sent off to Chabba by Ajit Singh on or about the 18th of February 1955 and Ajit Singh himself went to Charan Kaur in village Rooriwala where she was living. Ajit Singh and Charan Kaur were sitting on a cot in the house when Partap Singh also arrived but he refused to go to bed although it got as late as 10 or 11 p.m. Ajit Singh then asked him to go to bed but he abused Ajit Singh. Thereupon the latter threw Partap Singh on the ground and Charan Kaur inflicted three or four injuries with the dattar (Exhibit P. 6) as a result of which his neck was separated. At the instance of Charan Kaur, Ajit Singh then severed the legs and arms of the dead body and the trunk was wrapped by the woman in a chutahi (Exhibit P. 2 ) and was placed in a corner of the room and the legs and the head were placed separately in a bharoli. Later on she suggested to the man to dispose of the dead body which was put in a bag (Exhibit P. 1) which was tied with a rope (Exhibit P. 7). It was then carried by Ajit Singh and thrown into the well Sadhwala.

(3.) After some days Kundan Singh Lambardar, when he went on round of his fields along with Sucha Singh smelt, something which was like the smell of a decomposed dead body. He caught hold of some villagers and the bag (Exhibit, P. 1) was brought out from Sadhwala well and it was found to contain the dead body of Nikka which was identified by Hari Singh. About fifteen days after the occurrence Ajit Singh was produced before the police by Kundan Singh and Ujagar Singh who, according to the statement of the approver himself, promised to get him made an approver and he was granted a pardon and made his statement before the Additional District Magistrate on the 16th of April 1955.