CHARANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the instant petition is for setting aside the judgment of conviction and order of sentence dated 31.8.2004 passed by the Additional Sessions Judge-cum-Fast Track Court, Bathinda vide which the appellant was held guilty of offence punishable under Section 306 IPC and was sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergone rigorous imprisonment for a period of one month in FIR No.22 dated 22.4.2000 under Sections 306 / 34 IPC registered at Police Station G.R.Ps, Bathinda.

(2.) It is worth noticing here that the sentence of the appellant was suspended on 4.11.2004 while noticing the fact that the appellant has already undergone more than one year of actual sentence.

(3.) Brief facts of the case are that on 22.4.2000 at about 14.10 hours, a memo was received in Police Station GRPs that one man was run over and killed near fly over bridge. On receipt of said memo, ASI Raghvir Singh reached the spot and conducted enquiry. From the personal search of the deceased, a pocket diary was found in his pocket containing death note that he was Constable Bhupinder Singh, posted at Police Station Thermal, Bathinda. He was annoyed from his relative Charanjit Kaur, wife of Kamaljit Singh. The said note was taken into possession and the same was sent for registration of the case. He conducted the investigation and got the post-mortem of the dead body.