JUDGEMENT
H.S.BHALLA,J -
(1.) FEBRUARY 8, 2000 was declared as a doomsday when the destiny played a cruel joke resulting in a tragic end of Jaspal Singh by none else than his better half with the help of his paramour.
(2.) BY this common judgment, we shall be disposing of two appeals, being Criminal Appeal Nos. 943-DB of 2003 and 549-DB of 2004, as they arise out of the same impugned judgment dated 21.11.2003 passed by learned Sessions Judge, Ferozepur, vide which he convicted and sentenced both the appellants, namely, Dalbir Singh alias Beera and Randeep Kaur alias Rani, widow of Jaspal Singh to life imprisonment each for an offence under Section 302 of the Indian Penal Code. They were ordered to pay a fine of Rs. 500/- each. In default thereof, they were directed to further undergo for a period of six months each. The period of detention already undergone was ordered to be set off from the sentence awarded.
Adumbrated facts of the prosecution case are that on the statement, Ex. P- 6, made by Mangal Singh son of Karnail Singh, aged 60 years, on 8.2.2000 at 3.00 p.m. before Chamkaur Singh, Assistant Sub-Inspector, Police Station Ghall Khurd, who along with his other police officials was present in connection with patrol duty on the turning point of village Ratta Khera a case was registered, wherein he had stated that he is the resident of village Ratta Khera Baja Kotwal. He does the work of cultivation and lives in a farm house (Dhani) outside the village abadi. His brother Baljinder Singh lives next to his house. Baljinder Singh has three sons. The house of Jaspal Singh alias Jassa, his nephew, is situated near his house. He got married about two years ago. He was residing with his wife namely, Randeep Kaur alias Rani separately from his other brothers. Today at about 5.30 a.m. Randeep Kaur @ Rani told him that Jassa Singh has died. At this, he along with his son Jugraj Singh went to the house of Jassa and saw that Jassa Singh was lying on the floor on one of his sides and an electric stabilizer was lying near him. He examined Jassa Singh by shaking his body, but his body was stiffened and he was lying dead. He told Rani, the wife of Jassa Singh that he had died since long and why she did not to disclose them about this incident earlier. At this, she replied that she did not know anything about the death of Jassa. Thereafter, he along with his son Jugraj Singh went to the respectables of the village and informed them. Gurcharan Singh son of Teja Singh, Majhabi, resident of Lohgarh, who was a mediator at the time of marriage of Jassa Singh, was sent to the parental house of Rani at village Wara Pohwind, Police Station Zira to inform them of the incident. As disclosed by Rani wife of Jassa Singh, his death had been caused on account of electrocution, but they have suspicion about this and are of the opinion that he died of some other reason.
(3.) ON the statement being recorded by Assistant Sub-Inspector Chamkaur Singh, he visited the place of occurrence and prepared the inquest report Ex. P-2. After making preliminary investigation, Assistant Sub-Inspector Chamkaur Singh submitted his report Ex. P6/1. On 11.2.2000 Assistant Sub-Inspector Chamkaur Singh produced post-mortem report from Medical College, Faridkot in respect of deceased Jaspal Singh before Sub-Inspector Palwinder Singh, Sub-Inspector Palwinder Singh recorded the FIR, Ex. P6/2 on the basis of the statement, Ex. P-6 sent by Assistant Sub-Inspector Chamkaur Singh with his endorsement, Ex. P6/1 to the Police station for registration of a case.;
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