BALJIT KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against judgment and order of sentence dated 27.05.2014 passed by the Court of learned Additional Sessions Judge, Tarn Taran, vide which she had convicted accused-Sukhwant Singh @ Soni for an offence under Section 302 of the Indian Penal Code ("IPC" - for short) and sentenced him to undergo imprisonment for life and to pay a fine of Rs.3,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month, whereas accused-Baljit Kaur was convicted for offence under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month

(2.) The accused-convicts, who are appellants before this Court pray that the appeal filed by them be accepted, the impugned judgment of conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story is that on 26.02011, SI Chander Bhushan, SHO, Police Station Sadar, Tarn Taran heading a police party was present in the area of T-point Aladeenpur, where complainant Dilbagh Singh son of Mahinder Singh, resident of village Aladeenpur, Police Station Sadar, Tarn Taran, aged about 35 years accompanied by Kewal Singh and Kabal Singh of the same village came and got his statement Ex.P1 recorded with SI/SHO Chander Bhushan. Inter alia in the statement the complainant stated that he is an agriculturist by avocation; that they were three brothers, eldest Palwinder Singh had passed away about nine years earlier, Ajit Singh deceased was in the middle, whereas he the complainant is the youngest; that Ajit Singh (since deceased) was married with accused-Baljit Kaur and the couple was having three children; that Baljit Kaur did not have good moral character as she was maintaining illicit relations with Sukhwant Singh @ Soni-accused, resident of their village Aladeenpur, who has been working as electrician; that Baljit Kaur and Sukhwant Singh @ Soni used to meet with each other secretly, however, Ajit Singh refrained his wife Baljit Kaur from doing immoral and wrong activities and Ajit Singh had disclosed that fact to the complainant. According to the complainant, he had requested Baljit Kaur not to indulge in such wrong activities but she did not mend her ways.