SATBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, we propose to dispose of two 1 of 12 appeals bearing CRA-D-415-DB-2013 filed by Satbir Singh and CRA-D-454-DB-2013 filed by Kamaljit Kaur, against the judgment and order dtd. 1/4/2013 passed by Additional Sessions Judge, Jalandhar, vide which he had convicted accused Kamaljit Kaur and Satbir Singh for offences under Ss. 120-B, 302 IPC and sentenced them as under:-

(2.) Both the accused-convicts pray that the appeals filed by them be accepted, the impugned judgment of their conviction and sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the facts of the case, as per the prosecution story are that criminal machinery in this case was set into motion by complainant Dilbagh Singh s/o Udham Singh of Jat community, r/o village Baghela, Police Station Mehatpur, District Jalandhar, aged about 51 years, who in his statement got recorded with the police on 19/12/2010, stated that his nephew Kuldip Singh s/o Gurbachan Singh had been residing in Italy for the last 13-14 2 of 12 years; that Kamaljit Kaur w/o Kuldip Singh, had also been residing in that village alongwith her two children, i.e. son Satinderjit Singh, aged about 10 years and daughter Jaswinder Kaur aged 2 - 1/2 years; that on 17/12/2010 at about 9.15 A.M. Sukhwinder Singh driver of mini bus belonging to Punjab Public School, Umrewal Billa, alongwith Balwant Singh @ Billa and Madam Jasbir Kaur handed over Satinderjit Singh to his mother Kamaljit Kaur in front of house of Kuldip Singh, saying that the child was ill. According to the complainant, he went there and enquired from Satinderjit Singh as to what had happened to him. In the meanwhile, Kulwant Kaur w/o complainant Dilbagh Singh, Balbir Kaur daughter-in-law of elder brother of complainant namely, Gurbachan Singh, also came there. Satinderjit Singh told him that his mother had given him a tablet to swallow and thereafter gave him one chapati and then made him board the school bus. In the meanwhile, health of Satinderjit Singh started deteriorating, observing which Jaspreet Kaur and Kamaljit Kaur took him to Civil Hospital, Mehatpur for treatment, from there they took him to Pasricha Hospital, Jalandhar. However, Satinderjit Singh died there on 17/12/2010 at about 10.30 A.M. In such statement, complainant narrated that Satinderjit Singh had been killed by his mother Kamaljit Kaur, by giving poison for the reason that Kamaljit Kaur had developed illicit relations with Satbir Singh accused, in the absence of her husband and her son Satinderjit Singh knew about that. Kamaljit Kaur and Satibir Singh suspected that Satinderjit Singh would talk about their affair with outsiders and would tell his father; that he had informed his father regarding the 3 of 12 illicit relations between Kamaljit Kaur and Satbir Singh in past also, as such both the accused had killed the child by administering poison to him.