CHARANJIT KAUR ALIAS PANDHERO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant appeal the accused/appellant Charanjit Kaur alias Pandhero has impugned the order passed by the Additional Sessions Judge, Barnala in Sessions Case No.65 of 2004, decided on 22.3.2006. By the impugned judgment the accused/appellant Charanjit Kaur alias Pandhero has been held guilty of having committed the murder of Manjit Kaur by pouring kerosene on her and then by igniting her by pushing her on to a burning kerosene stove. The accused/appellant Charanjit Kaur alias Pandhero has accordingly been convicted for the murder of Manjit Kaur under section 302 of the Indian Penal Code. By a separate order passed on the following day i.e. on 23.3.2006,the accused/appellant Charanjit Kaur alias Pandhero has been sentenced to imprisonment for life and has been required to pay a fine of Rs.5000/-. In default of payment of fine, she has been ordered to further undergo rigorous imprisonment for a period of one year.

(2.) The prosecution version of the incident is based on the statement made by Manjit Kaur herself to ASI Jasbir Singh PW9 at Civil Hospital,Barnala, on 8.5.2004. In this context, it would be pertinent to mentioned that Dr.K.G.Singla PW2 sent an intimation to the SHO Kotwali, Barnala, regarding the fact that Manjit Kaur has been brought to Civil Hospital,Barnala in an injured condition. ASI Jasbir Singh PW9 on being intimated about the same reached the hospital. After the attending doctor, Dr.K.G.Singla PW2 opined that Manjit Kaur was fit to make a statement, he recorded her statement in writing. The statement of Manjit Kaur was then read out to Manjit Kaur, she admitted its correctness and thumb marked the same in token thereof. ASI Jasbir Singh PW9 made an endorsement on the statement of Manjit Kaur and sent the same through HC Darshan Singh for registration of a report. On the basis of the statement made by Manjit Kaur, First Information Report bearing No. 28 was registered at Police Station Sehna at 3.45 A.M. on 8.5.2004. A special report in connection with the aforesaid First Information Report was furnished to the Ilaqa Magistrate on the same date. The special report was received by the Ilaqa Magistrate at 11.20 A.M. On 8.5.2004.

(3.) In her statement made to ASI Jasbir Singh PW9, Manjit Kaur asserted that she was a resident of Maur Nabha under police station Sehna. On the date of occurrence i.e. on 7.5.2004, she claims that she was at her residence, whereas, her husband had gone to do labour work. While she was preparing tea and "chapatis" on the stove at about 4.00 P.M., her neighbour i.e.,the accused/appellant Charanjit Kaur alias Pandhero came to her house and accused her (Manjit Kaur) for having abused the accused/appellant Charanjit Kaur alias Pandhero through her children.