LAWS(P&H)-2019-3-170

KULWINDER KAUR ALIAS SIMRO Vs. STATE OF PUNJAB

Decided On March 27, 2019
Kulwinder Kaur Alias Simro Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Appellant Kulwinder Kaur alias Simro has directed this appeal against judgment of conviction dtd. 5/2/2002 and order of sentence dtd. 7/2/2002, passed by learned Sessions Judge, Jalandhar, vide which she was convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00, in default thereof, to undergo rigorous imprisonment for three months.

(2.) Brief facts of case, as gathered from judicial file, are that Darshan Kaur, wife of Udham Singh, resident of EK 18-19, Mohalla Shiv Raj Garh, Jalandhar, aged about 80 years, was brought by a rickshaw puller to emergency in the Civil Hospital, Phillaur, on 16/9/1998 at about 11.15 AM. On checking, she was declared brought dead. The doctor accordingly sent intimation (Ex.PH) to police. On 17/9/1998, at about 10.00 AM, ASI Santokh Singh, Police Station Phillaur, was present at Chowk Committee Ghar, Phillaur, where Major Ram, Member Panchayat, resident of Sidhwa Mutsaddi, Police Station Nur Mahal, approached him and made statement (Ex.PA) wherein he stated that he is a Member Panchayat of village Sidhwa Mutsaddi, Police Station Nurmahal. Today, on 17/9/1998, he was present in his house in village when he came to know that Darshan Kaur, resident of his village had died and that her dead body is lying in Civil Hospital, Phillaur. On this, he alongwith Kewal Singh, Member Panchayat, Raghbir Singh, Member Panchayat and Gurpal Singh son of Ujjagar Singh, reached Civil Hospital, Phillaur and confirmed about death of Darshan Kaur at their own level. They came to know that she had suffered a natural death yesterday in the Court. Nobody was at fault for her death, nor they suspected anybody else. He further stated that Darshan Kaur has died a natural death and they do not want any legal action against anyone. Upon this, police made endorsement (Ex.PA) and conducted proceedings under Sec. 174 Cr.P.C. The inquest report was prepared. The post mortem (Ex.PJ) of dead body was got conducted wherein the doctor reported that cause of death will be given after receipt of report of Chemical Examiner. Later on, report of Chemical Examiner (Ex.PK) was received on 23/12/1998 wherein the doctor found phosphide, a constituent of aluminum phosphide in the stomach and in the small and large intestines of deceased. No poison was detected in the remaining part of viscera. Accordingly, the doctor gave opinion (Ex.PL) that cause of death is due to aluminum phosphide, a pesticide.

(3.) On 15/10/1998, Harbans Kaur alias Banso, resident of village Upper Jagir, Tehsil Phillaur, Police Station Nurmahal, District Jalandhar, moved application (Ex.DA) to Senior Superintendent of Police, Jalandhar, wherein she alleged that her mother Darshan Kaur was residing at EK18-19, Mohalla Shivraj Garh, Jalandhar, for last so many years. Her mother was handicapped and could only walk with the help of crutches. Some cases of her mother were pending in New Courts, Jalandhar. She alongwith her husband used to frequently visit house of her mother Darshan Kaur and her mother Darshan Kaur also used to visit her house quite often. She had never given any power of attorney in favour of anybody else during her life time, nor executed any sale deed in respect of said house in favour of anybody else. Darshan Kaur was not feeling comfortable in her life, because she was having fear that person with whom she was having litigation which include Kulwinder Kaur alias Jawinder Kaur alias Simro, widow of Rana, whose parents are at village Siddwan and who is married in Lamba Pind, in association with other persons, may commit her murder to grab her house. Harbans Kaur alias Banso further alleged that on 15/9/1998, when she alongwith her husband went to New Courts to appear in some other case, she came to know that somebody had forcibly taken possession of property of her mother. When she made inquiry about the whereabout of her mother Darshan Kaur, it could not be known. On 16/9/1998, police told the heirs of Darshan Kaur that her dead body was lying in Phillaur Civil Hospital and they could come and take away same. On 17/9/1998 , she alongwith other heirs of Darshan Kaur brought her dead body and performed last rites on 18/9/1998. Harbans Kaur alias Banso further alleged that on inquiry, she came to know that on 15/9/1998, Kulwinder Kaur alias Simro had taken away her mother Darshan Kaur from her house and kept her in Lamba Pind in the night and on 16/9/1998, committed her murder in association with other persons and that she got executed sale deed of house of her mother Darshan Kaur to grab the house in collusion with the vendees. She further alleged that said persons are Amrit Lal son of Sant Ram, resident of EJ-221, Chahar Bagh, Jalandhar. She further alleged that these persons have grabbed the household articles alongwith gold and money. Alongwith said persons, other persons with whom her mother had litigation, might have joined the conspiracy to murder her mother. She further alleged that Kulwinder Kaur alias Simro had got executed a forged sale deed showing wrong name and wrong address in favour of Amrit Lal and had committed murder. Therefore, she requested for inquiry into the matter. Police accordingly conducted the inquiry and inquiry report (Ex.PU) was submitted by Inspector Harbans Singh on 5/11/1998, in which he held Kulwinder Kaur alias Simro, was not available in her house and appears to be guilty. Therefore, he requested for further action in the matter after obtaining opinion of District Attorney (Legal). Thereafter, after obtaining the opinion of District Attorney (Legal), FIR No. 141, dtd. 5/10/1999 under Sec. 302 IPC read with Sec. 34 IPC was registered at Police Station Phillaur. Police prepared rough site plan.