JUDGEMENT
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(1.) Through the instant appeal the accused/appellant Charanjit
Kaur alias Pandhero has impugned the order passed by the Additional
Sessions Judge, Barnala in Sessions Case No.65 of 2004, decided on
22.3.2006. By the impugned judgment the accused/appellant Charanjit
Kaur alias Pandhero has been held guilty of having committed the murder
of Manjit Kaur by pouring kerosene on her and then by igniting her by
pushing her on to a burning kerosene stove. The accused/appellant
Charanjit Kaur alias Pandhero has accordingly been convicted for the
murder of Manjit Kaur under section 302 of the Indian Penal Code. By a
separate order passed on the following day i.e. on 23.3.2006,the
accused/appellant Charanjit Kaur alias Pandhero has been sentenced to
imprisonment for life and has been required to pay a fine of Rs.5000/-. In
default of payment of fine, she has been ordered to further undergo rigorous
imprisonment for a period of one year.
(2.) The prosecution version of the incident is based on the
statement made by Manjit Kaur herself to ASI Jasbir Singh PW9 at Civil
Hospital,Barnala, on 8.5.2004. In this context, it would be pertinent to
mentioned that Dr.K.G.Singla PW2 sent an intimation to the SHO Kotwali,
Barnala, regarding the fact that Manjit Kaur has been brought to Civil
Hospital,Barnala in an injured condition. ASI Jasbir Singh PW9 on being
intimated about the same reached the hospital. After the attending doctor,
Dr.K.G.Singla PW2 opined that Manjit Kaur was fit to make a statement,
he recorded her statement in writing. The statement of Manjit Kaur was
then read out to Manjit Kaur, she admitted its correctness and thumb
marked the same in token thereof. ASI Jasbir Singh PW9 made an
endorsement on the statement of Manjit Kaur and sent the same through HC
Darshan Singh for registration of a report. On the basis of the statement
made by Manjit Kaur, First Information Report bearing No. 28 was
registered at Police Station Sehna at 3.45 A.M. on 8.5.2004. A special
report in connection with the aforesaid First Information Report was
furnished to the Ilaqa Magistrate on the same date. The special report was
received by the Ilaqa Magistrate at 11.20 A.M. On 8.5.2004.
(3.) In her statement made to ASI Jasbir Singh PW9, Manjit Kaur
asserted that she was a resident of Maur Nabha under police station Sehna.
On the date of occurrence i.e. on 7.5.2004, she claims that she was at her
residence, whereas, her husband had gone to do labour work. While she
was preparing tea and "chapatis" on the stove at about 4.00 P.M., her
neighbour i.e.,the accused/appellant Charanjit Kaur alias Pandhero came to
her house and accused her (Manjit Kaur) for having abused the
accused/appellant Charanjit Kaur alias Pandhero through her children.;
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