- (1.) The instant application under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed by complainantapplicant Manjit Kaur, seeking leave to file appeal against the impugned judgment dated 28.5.2011, passed by the learned Additional Sessions Judge, Tarn Taran, whereby accused-respondents Nos. 2 and 3 Bhupinder Singh (brother-in-law) and Iqbal Singh (father-in-law) of complainant, were acquitted, whereas respondent No.4 Arjinder Singh was convicted for an offence punishable under Section 302 IPC. Consequently, he was sentenced to undergo life imprisonment and also a fine of Rs.10,000/- was imposed on him.
(2.) The criminal law was set into motion by the complainant/applicant Manjit Kaur with the allegations that Kulwinder Kaur was done to death by all the three accused-respondents committing an offence punishable under Section 302/34 IPC. However, in order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noticed by the learned trial Court, which read as under:- "Unfortunate three infants have lost their mother Kulwinder Kaur in so-called murder committed by their father along with the help of their parental uncle and their grand father on 18.6.2007 at about 10 a.m. in village Kasel, falling in the jurisdiction of Police Station, Sarai, Amanant Khan. Manjit Kaur unfortunate mother of the deceased got recorded her statement before the police which culminated in the FIR and which was to the effect that she is resident of village Naraingarh, Chheharta and that her eldest daughter Kulwinder Kaur was married in the year 1995 to Arjinder Singh and they were having three children i.e. two daughters and one son i.e. Ramandeep Kaur aged about 11 years, Amandeep Singh aged about 9 years and the youngest daughter Harmandip Kaur aged about 5 years. About 18 months back, her son-in-law Arjinder Singh had retired from the Army on superannuation. He is fond of taking liquor since beginning and whenever he used to come on leave, he used to take liquor and under its influence used to give beating to her daughter and also maltreated her. Whenever, they came to know about the maltreatment, they always use to make their daughter understand to act in a wise manner as with the passage of time, everything would go smooth. Despite of that, her son-in-law did not refrain from his bad activities. Bhupinder Singh, his brother, was married to Kulwant Kaur, daughter of Charan Singh and their marriage was solemnized with her mediation as Kulwant Kaur was her niece. Bhupinder Singh was also habitual of taking liquor and used to beat Kulwant Kaur which resulted into divorce between Kulwant Kaur and Bhupinder Singh. Now-a-days, her son-in-law Arjinder Singh, his brother Bhupinder Singh and their father Iqbal Singh, all used to take liquor jointly till late night and they asked her daughter (since deceased) to prepare meals for them and whenever she refrained them to take liquor and refused to prepare the meals for Bhupinder Singh, her brother-in-law (Devar), they all used to give beatings to her daughter. Today i.e. on 18.6.2007, at about 10 a.m. she received the telephonic message from Kulwinder Kaur, that last night also, all the accused under the influence of liquor gave her beatings and they all compelled her to prepare meals for Bhupinder Singh also. The complainant said that she tried to make Kulwinder Kaur understand that such like minor things usually happen in the house, so she should ignore and do not put herself under tension and that she would come to enquire about her in the evening. Then at about 3.30 p.m., she as well as her husband Gurcharan Singh, both went to enquire about the welfare of their daughter and saw that Kulwinder Kaur was lying dead on the bed and by her side, Arjinder Singh, Bhupinder Singh and Iqbal Singh all were standing. They all told her that the deceased annoyed with their request to prepare meals for Bhupinder Singh had hanged her with the help of her apron (chunni) with the ceiling fan of the residential house. They also told that now she has been removed from the hanging. She as well as her husband told that, in case, she had committed suicide by hanging, why they (the complainant) were not informed and why they did not wait for them. The complainant stated in her statement that if her daughter Kulwinder Kaur hanged herself, she has done so having treated with cruelty by the accused for compelling her to prepare meals under their pressure. After recording the statement of the complainant Ex.P1, the Investigating Officer gave his endorsement Ex.PE upon her statement and on the basis of which, FIR was registered. He visited the spot, prepared the inquest report Ex.PG and sent the dead body for post mortem alongwith request. Post mortem examination was conducted vide Ex.P2. The Investigating Officer prepared the site plan Ex.P1/A, took into possession the apron vide recovery memo Ex.PB, arrested the accused and after the completion of the necessary formalities of investigation, challan was presented before the Court."
(3.) The relevant documents were supplied to the accused, in accordance with law. Initially, charge was framed under Section 306 IPC. However, in compliance of the order dated 23.2.2010 passed by this Court, the charge was framed afresh for the offence punishable under Section 302 read with Section 34 IPC. The accused pleaded not guilty and claimed trial.;