BALBIR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALBIR Kaur and Pinder Singh appellants were brought to trial before the Court of Session a Jind. By the impugned judgment dated May 17, 1986, they have been convicted under Section 302 read with Section 34, Indian Penal Code and each of them has been sentenced to life imprisonment and a fine of Rs. 100/- or in default to undergo further rigorous imprisonment for one month. They have challenged their conviction and sentence by filing two separate Criminal Appeals (Nos. 365 DB and 606-DB of 1986) through jail.

(2.) THE victim of the crime was Dalip Singh deceased, resident of village Rohar. Balbir Kaur is the widow of Dalip Singh. Dalip Singh was a religious man and he used to perform 'Path' of Shri Guru Granth Sahib. He was also incharge of the village Gurdwara. Pinder Singh alias Bagga aged 17/18 years, resident of Dera Nihang Bahad-rakba Urlana Kalan started learning recitation of Shri Guru Granth Sahib from Dalip Singh He developed illicit intimacy with Smt. Balbir Kaur aged 36 years, wife of Dalip Singh Dalip Singh saw them in a compromising position and he held told Gurdeep Singh, his sister's husband that he had seen his wife Balbir Kaur and Pinder Singh together on one cot and that when he rebuked them, they threatened to kill him. It is alleged that the accused wanted to remove obstacle from their way by doing away with Dalip Singh.

(3.) SUB Inspector Nand Kishore went to the place of occurrence, held inquest and sent the dead body of Dalip Singh to mortuary for autopsy. The accused were searched but they were not traceable. It is alleged that on 18.11 1985 Balbir Kaur accused accompanied by one Piara Singh went to the Dera of Santokh Singh Sarpanch and she confessed before the latter that she along with Pinder Singh accused had murdered Dalip Singh on the fateful night. Santokh Singh produced Balbir Kaur before Sub Inspector and Kishore who formally arrested her. Pinder Singh was arrested on 21.11.1985 and on interrogation by the Investigating Officer, he suffered disclosure statement leading to the recovery of blood-stained kirpan Ex. P. I from the specified place of concealment.