JINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dtd. 29/3/2004 passed by Addl. Sessions Judge (ad hoc), Fast Track Court, Ludhiana vide which the accused-appellant was convicted under Sec. 304 Part-II IPC and sentenced to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.1,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) The prosecution case was set in motion on a written complaint to the police by PW-2 complainant Lakhbir Singh, father of deceased Jagroop Singh, in which he stated that on 8/7/2002, his deceased son while attending school was punished by his teacher i.e. the appellant by making him stand in the sun and hold his ears through his legs for not carrying with him one of his notebooks. It was further alleged by the complainant that the appellant had inflicted stick blows on the person of his deceased son including one on the head of the deceased as a result of which, he had fallen on the ground. As per the complainant, the school authorities tried to brush the whole incident under the carpet by making it out to be a case of fainting due to excessive heat and as a result of which, valuable time had been lost by them in not rushing his injured son to the nearest doctor for his treatment. In fact, it was his daughter-Gurvinder Kaur (PW-3), a student of the same school, who disclosed to the complainant that she had rushed to the rescue of her deceased brother when he was being beaten up by the appellant and on her trying to save her brother from the wrath of the appellant, she was reprimanded by her and sent away. On the basis of this statement of the complainant, a case under Ss. 337 and 338 IPC was registered against the appellant, which was later on converted to Sec. 304 IPC after the deceased succumbed to his injury on 12/7/2002.

(3.) The investigation thereafter was set in motion, accused was arrested and finally she was charged under Sec. 304 IPC to which she pleaded not guilty and claimed trial.