SURJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Surjit Kaur has been convicted under Sec. 302 I.P.C. by the learned Addl. Sessions Judge (Ad hoc) Fast Track Court, Faridkot for having committed the murder of her daughter -in -law Karamjit Kaur and grand -daughter Kirandeep Kaur, an infant of about one and a half year age and sentenced to undergo life imprisonment with a fine of Rs. 2,000/ - on each count. In default of payment of fine, the appellant has to further undergo rigorous imprisonment for 3 months. Both the sentences were ordered to run concurrently.

(2.) Through the instant appeal the appellant has impugned the aforesaid judgment of conviction and order of sentence.

(3.) The case of the prosecution finds its origin in dying declaration Ex.PG suffered by Smt. Karamjit Kaur (since deceased) before A.S.I. Mohinder Singh (PVV.7) on 24.7.2001 at about 9.40 a.m. while she was admitted with burn injuries at D.M.C. Hospital, Ludhiana, wherein she disclosed that she is resident of village Rupana. Her marriage took place about two and a half years back and a daughter was born to her. On the fateful day i.e. 22.7.2001 at about 9/10.00 a.m. she had to go to her parental house, but her mother -in -law refused for the same. On this, a quarrel had taken place between her and the appellant. After that when her husband was taking bath and she was combing the hair of her Kirandeep Kaur, her mother -in -law Surit Kaur after pouring kerosene oil on her, with an intention to kill, set her ablaze. As a result, her daughter Kirandeep Kaur died at the spot. On the basis of this statement, present case was registered against the appellant. A.S.I. Mohinder Singh on that very day itself, then approached the Chief Judicial Magistrate, Ludhiana and moved application Ex.PF for recording the statement of Karamjit Kaur by a Magistrate, upon which Duty Magistrate/Judicial Magistrate, Ist Class, Ludhiana was deputed for the purpose. According to the prosecution, Smt. Karamjit Kaur made another dying declaration before PW.11 Ashok Kapoor, J.M.I.C, Ludhiana, at about 11.40 a.m. on the same lines as made by her earlier before A.S.I. Mohinder Singh. Besides in her subsequent dying declaration, she also narrated the fact that the flames were doused by her husband and two boys of neighour -hood namely Tarlok Singh and Gurmit Singh and all of them after arranging a vehicle initially took her to Mission Hospital, Muktsar and then she was brought to Ludhiana and that her father -in -law was not present at the house.