Kuldip Singh, J. - (1.) PARKASH Kaur wife of Baldev Singh and her son Satnam Singh were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and fine of Rs. 5,000/ - each, in default of payment of fine, to undergo further rigorous imprisonment for three months each, vide judgment and order dated 21.5.2002, passed by the learned Sessions Judge, Jalandhar.
(2.) THE appellants have challenged the said judgment and order by way of present appeal, which shall be disposed of by the present judgment. The facts of the case coming out from the statement of Baldev Singh (Ex. PD), resident of Ali Khelan, husband of accused Parkash Kaur and father of accused Satnam Singh, made to Sub Inspector Shangara Singh of Police Station Kartarpur, are that Baldev Singh had performed two marriages. He was firstly married to Parkash Kaur (accused), from which he had two sons, namely, Satnam Singh and Gurnam Singh. Parkash Kaur alongwith her children deserted Baldev Singh in the year 1983 and shifted to her parental house. In the year 1986, Baldev Singh contracted second marriage with Palwinder Kaur (deceased). From the said marriage, he had two daughters and one son. The first wife Parkash Kaur had filed a case for grant of maintenance, which was still pending. About 10 months back, first wife Parkash Kaur and her both sons forcibly started living in the house of Baldev Singh. Baldev Singh also gave three killas of land to them for cultivation. There used to remain quarrel in his house from the date his (Baldev Singh's) first wife and her two children started living in his house. Parkash Kaur, the first wife of Baldev Singh and her elder son Satnam Singh, who is aged about 20 years, were not happy to see his second wife Palwinder Kaur and were threatening to oust and kill her. On the day of occurrence, i.e. 16.2.2001, Gurnam Singh, another son of the complainant from first wife Parkash Kaur and Harjit Kaur, daughter from the second marriage with Palwinder Kaur, had gone to school for studies. Baldev Singh, his second wife Palwinder Kaur, son Karanjit and daughter Sarbjit Kaur alongwith his first wife Parkash Kaur and son Satnam Singh were present in the house. At about 11:00 AM, Baldev Singh alongwith his son Karanjit went to the fields to bring fodder. At about 2:00 PM, when Baldev Singh and his son Karanjit returned home, they saw that Palwinder Kaur was lying dead in the bath room. There were marks of abrasions on the mouth, nose, ankle and knees of Palwinder Kaur. Sarbjit Kaur, daughter of the complainant from second marriage with Palwinder Kaur, was present in the house and was weeping. She disclosed to the complainant that Parkash Kaur and Satnam Singh had killed her mother by beating her and then by asphyxia of her mouth and nose in the courtyard and then placed the dead body of Palwinder Kaur in the bath room. Sarbjit Kaur further disclosed that she was weeping and out of fear, she wanted to go out, but she was not allowed to go out. Both the accused also threatened her not to disclose this matter to anybody, otherwise she will be killed. Baldev Singh further alleged that Parkash Kaur and Satnam Singh were absent from the house after committing the murder of Palwinder Kaur. He alleged that the accused wanted to oust Palwinder Kaur from the house and for this motive, they have committed the murder of his second wife Palwinder Kaur. Baldev Singh then raised alarm, on which the neighbours gathered. Chain Singh, Ex -Sarpanch and other people were left in the house. Then, Baldev Singh accompanied by Mukhtiar Singh was going to report the matter to the police when he met a police party headed by SI Shangara Singh on the turning of village Jande Sarai, where his statement (Ex. PD) was reduced into writing. SI Shangara Singh made the endorsement (Ex. PD/1) and sent the same to the police station at 4:30 PM, on which FIR No. 16, dated 16.2.2001 (Ex. PD/2) was registered at Police Station Kartarpur.
(3.) POLICE conducted the inquest and prepared the report (Ex. PC). Rough site plan (Ex. PK) of place of occurrence was prepared. Post mortem of the dead body of Palwinder Kaur (deceased) was got conducted. Accused Parkash Kaur and Satnam Singh were arrested on 18.2.2001 by SI Shangara Singh.;