AMRO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SMT . Amro appellant along with the other two accused, namely, Madan Lal and Smt. Pushpa Devi was brought to trial before the Court of Session at Jalandhar on the charges of murder and raping the deceased Smt. Garo. Smt. Amro appellant stands convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 5000/- or in default to undergo further rigorous imprisonment for six months. Madan Lal and Smt. Pushpa Devi accused were, however, acquitted of the charges of murder and rape. Smt. Amro has challenged her conviction and sentence by filing Criminal Appeal No. 572-DB of 1986. The State has challenged the acquittal of Madan Lal accused by filing Criminal Appeal No. 190-DBA of 1987. Dass Ram has also filed Criminal Revision No. 734 of 1987 against the acquittal of Madan Lal and Smt. Pushpa Devi. This judgment will govern both the appeals and the revision.

(2.) THE victim of the crime is Smt. Garo deceased. The prosecution case herein has no eyewitness of the alleged occurrence and rests entirely on gravely incriminating circumstantial evidence. It emerges therefrom that Smt. Garo deceased was the cousin sister of Sat Pal PW It is alleged that on 17th April, 1986 at about 8.30 A.M. Sat Pal was coming from outside and when he reached near the house of Chandu Ram, he heard that Smt. Garo daughter of Dass Ram had been burnt. When he reached near the house of Dass Ram, he saw Madan Lal, Smt. Amro and Smt. Pushpa Devi accused coming out of the house of Dass Ram. In the meantime, Krishan Lal also arrived there. Sat Pal and Krishan Lal both entered the house of Dass Ram and found that Smt.Garo was burning in the court yard of the house and she was raising alarm 'Save'. Sat Pal and Krishan Lal threw blanket on the deceased to extinguish the fire but by that time she had already been burnt. Both these witnesses took Smt. Garo to the Civil Hospital, Jalandhar in an autorickshaw. On -receipt of intimation Ex. PE regarding the admission of the deceased in the said hospital, Swaran Singh Assistant Sub Inspector went to the hospital and moved an application Ex. PF to record the statement of the deceased. The doctor declared her fit to make a statement vide his endorsement Ex. PF/l. Assistant Sub. Inspector Swaran Singh approached the District Magistrate who vide his order Ex. PJ/1 deputed Shri R.P. Gupta, Executive Magistrate to record the dying declaration of the deceased. The- Executive Magistrate enquired from the doctor whether Smt. Garo was fit to make a statement. Dr. Iqbal Singh declared her fit to make a statement on 17.4.1986 at 12.51 P.M. and the Executive Magistrate recorded her statement Ex. PD/3. On receipt of the said statement of the deceased, formal F.I.R. Ex. PD/1 was recorded at Police Station Division No. 5, Jalandhar at 2.00 P.M. on the same day. Smt. Garo expired in the hospital at 1.28 P.M. on 17.4.1986. Swaran Singh went to the hospital, held inquest Ex. PC and sent the dead body to the mortuary for autopsy.

(3.) THE prosecution examined as many as 13 witnesses in support of its case. When examined under Section 313 Cr.P.C. the accused denied the prosecution allegations and pleaded false implication in the case. Smt. Amro however gave her own version in the following terms