KARNAIL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence, dated 19.09.94, rendered by the Court of Sessions Judge, Bathinda, vide which it convicted Karnail Kaur, accused (now appellant), for the offence, punishable under Section 304 (part II) of the Indian Penal Code, and sentenced her to undergo rigorous imprisonment for a period of 5 years, and to pay a fine of Rs. 500/ -, in default thereof, to further undergo rigorous imprisonment for a period of 2 months, whereas, it acquitted Bhura Singh, accused.

(2.) THE facts, in brief, are that the father of Thandu Singh, namely Pritam Singh, had already died. His mother Jarnail Kaur (since deceased), used to live with him, and his brother Kala Singh. Accused Bhura Singh (since acquitted), is the real uncle of Thandu Singh, complainant. Karnail Kaur, accused, is the wife of Bhura Singh, accused. Thandu Singh, was working, as an agricultural labourer (Siri) with one Sukhdev Singh of the same village. On 30.10.92, Thandu Singh, and his brother Kala Singh, went from their house, for irrigating the land of Bikker Singh, brother of Sukhdev Singh, with whom he was working. They started from the house, at about 10.00 PM. As the law and order situation, due to terrorism, in the State of Punjab, was bad they left their mother Jarnail Kaur (since deceased), in the house of Bhura Singh, accused. Thandu Singh, and his brother Kala Singh, remained busy in irrigating the land aforesaid, upto 2.00 AM. When they came back to the house of Bhura Singh, accused, in order to take their mother with them, it was noticed by Thandu Singh, that in one room, a lantern was lying. In one room, Bhura Singh, accused was found sitting, on the chest of his mother, who was lying, on the ground. He was pressing the neck of his mother, by a dang, by holding it with his two hands. Karnail Kaur, accused, was holding a ghotna (a hard wooden piece). She gave two ghotna blows to Jarnail Kaur (since deceased). Hue and cry was raised by Thandu Singh, and his brother, which attracted Nambardar Jagroop Singh, whose house was located, in the same street, opposite the house of the accused. Both the accused then fled from the house, alongwith their weapons. The matter was not reported to the Police, during night, as Nambardar Jagroop Singh, advised them that they would report the same in the morning, as it was not proper to go outside, during the night due to the fear of the terrorists. Thandu Singh, and Nambardar Jagroop Singh, then went towards the Police Station, to make a report. On the way, at bus stand of village Hari Rai Pur, the Police met them. The statement of Thandu Singh, was recorded, on the basis whereof, the first information report was registered. The Police then accompanied them to the place of occurrence. The dead -body of Jarnail Kaur (since deceased), was found lying there. Inquest report of the dead -body of Jarnail Kaur, was prepared. The dead -body was sent for post -mortem examination. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned under Section 302 read with Section 34 of the Indian Penal Code.

(3.) THE prosecution, in support of its case, examined Dr. B.S. Dhaliwal, Medical Officer, Civil Hospital, Bathinda (PW1), who conducted the post -mortem examination on the dead body of Jarnail Kaur wife of Pritam Singh, resident of village Jandanwala, Police Station Nehianwala. The dead -body was brought by Gurtej Singh, Head Constable, and Ajaib Singh, Punjab Home Guard Volunteer. The dead -body was identified by Kala Singh, and Kulwant Singh. He found the following injuries, on the person of the deceased: - (i) Reddish bruise 4 cms x 1 -1/2 cm on front of lower neck on the both medial clavical ends underlying skin echymosed. Clotted blood was present. (ii) Lacerated wound 4 cms x 1 -1/2 cm on right eye brow. Clotted blood was present obliquely placed. (iii) Lacerated wound 2 -1/2 cms x 4 cms obliquely placed on right parietal region of head. Clotted blood was present. Underlying bone was fractured. Membranes and brain mater was coming out. On dissection ante or cranial fossa was full of blood clots. In the opinion of the doctor, the death was due to shock and hemorrhage, on account of the injuries, which were ante - mortem, in nature, and sufficient to cause death, in the ordinary course of nature. According to him, the probable time, between injuries, and death was immediate and between death and post -mortem was 12 to 24 hours. The doctor opined that injuries No. 1 to 3, on the person of the deceased, could be caused by blunt weapon like ghotna P1.