HARBHAJAN KOUR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the then learned Sessions Judge, Jammu in File No. 105/Sessions dated 10-1-1995. By means of impugned judgment appellant was held guilty for having committed offence under Section 304, Part I RPC for killing her husband and his mistress. Trial Court has convicted her to undergo 7 years rigorous imprisonment and also to pay a fine of Rs. 500/-, in default of payment whereof appellant has been ordered to undergo simple imprisonment for six months.

(2.) Prosecution was launched against the appellant on the allegations that she along with her late husband Jagdish Singh migrated from Kashmir Valley to Jammu. They were tenants of deceased Darshan Kour at Digiana, Jammu. Further case of the prosecution was that deceased Jagdish and Darshan Kour were having illicit relations. Deceased lady was a young widow and the appellant along with her husband were her tenants in her house. It is further made out from the prosecution evidence that both husband and wife were living by themselves and there was no other family member residing with them.

(3.) On the other hand it has come on record that deceased Darshan Kour was a young widow and was residing in her house along with her children, two of whom namely Sukhvir Singh and Jatinder Singh though minors have appeared as PWs in the case. It is also established from the circumstances of this case that charred bodies of Jagdish Singh and Darshan Kour were recovered from the same room i.e. which was under the tenancy of appellant and her late husband. Medical evidence established that the burns on the body of Jagdish Singh were found to the extent of 90% and in case of Darshan Kour were to the extent of 96%. In this background prosecution claims that on the night of 28th Oct. 1993 appellant poured Kerosene Oil on the bed whereon both the deceased were fast asleep and then they were set on fire by her. With a view to put an end to the lives of both of them, she is alleged to have bolted the door of this room from outside so that they are not able to come out of it.