REENA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA-D-779-DB of 2017 and CRR-3284 of 2017, therefore, these are taken up together and being disposed of by a common judgment.

(2.) The appeal and criminal revision are instituted against judgment and order dated 28.07.2017, rendered by learned Additional Sessions Judge, Ludhiana, in Sessions Case No. 80 dated 05.11.2012, whereby appellant Reena who was charged with and tried for the offence punishable under Section 302 IPC, was convicted and sentenced thereunder to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one.

(3.) The case of the prosecution, in a nutshell, is that Inspector Manjinder Singh (PW.4), the then SHO Police Station Sarabha Nagar, Ludhiana along with other police officials was on patrolling duty on 17. 07.2012. Hitesh Anand (PW.1) appeared before the Investigating Officer. He got recorded his statement, Ex.PA, on the basis of which FIR was registered. According to the averments made in the statement, he was doing the business of surgical goods. He had gone out of the house in connection with some work. His father Narinder Kumar Anand, aged about 61 years, his wife Reena (present accused) and his daughter Reva, aged about 7 years, were present. On the roof of the house, four labourers had come to do the construction work. At about 4.30 PM, his wife Reena made a phone call to him and told that Narinder Kumar Anand and Reva had been caused injuries by some unknown person. They were in injured condition. He came to the house. He found that in the room, which was on one side of the house, his father Narinder Kumar Anand and his daughter Reva were lying in injured condition in a pool of blood. Both of them had extensive injuries which appeared to be caused by sharp edged weapon. He lifted the dead body of his father and placed in the lobby of the house. Reva had also died. He suspected that some unknown person had committed murder of his wife and daughter by causing serious injuries. The complainant further stated that he narrated the incident to his neighbour Khushwant Singh. He accompanied by Khushwant Singh was going to inform the police. The Investigating Officer met him. In these circumstances, his statement was recorded. FIR was registered. The Investigating Officer visited the spot. Inquest report of the dead body of Narinder Kumar Anand , Ex.PB, was prepared. Inquest report of deceased Reva, Ex.PC, was also prepared. Rough site plan of the place of occurrence was prepared. Blood stains with the help of cotton swab were collected from the spot, where the dead bodies were lying. Half burnt bed sheet and pillow were also taken into possession vide memo Ex.PF. The dead bodies were sent for post mortem examination. On 19.07.2012, accused Reena was produced before the police by Dr. Pawan Dhingra (PW.3). She had made extra judicial confession before him. She was arrested and interrogated. At her instance, one Hathora (hammer), Tesi and one blood stained lady suit were recovered. Two hand written notes were also recovered. Specimen signatures of the accused were obtained. Report of the FSL was received. The investigation was completed and challan was put up after completing all the codal formalities.