LexSEWA KAUR versus STATE OF PUNJAB
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SEWAKAUR A v. STATE OF PUNJAB NOVEMBER 7, 1996 [DR. A.S. ANAND AND K.T. THOMAS, JJ.] B Indian Penal Code, 1860 : Ss.302134 and 201134-Murder-Appellant-wife, alongwith her paramour, committed murder of her husband, an army personnel-She told C her relatives and co-villagers that her husband had gone back to his unit- Later, when enquiries were made by the Army about the where-abouts of the deceased an FIR. was lodged by the mother of the deceased-Both the accused made extra judicial confessions; and also disclosed to the police the place where they hurried the dead body-Both the accused were prosecuted u/s 302 ands. 201 l.P.C.-Trial Court, considering the D eyewitness account given by the son of the appellant and the deceased, the extra-judicial confession nzade by the accused, the medical evidence and other circumstances like the deceased having been last seen with the appellant, convicted the appellant and the co-accused under ss. 302 and 201 !PC and sentenced them accordingly-High Court upheld the conviction and sentence-Held, the appellant and her co-accused were charged E specifical(y with having shared the common intention of causing murder of the deceased, though each one of them was charged for the substantive offence u/ss. 302 and 201-In the established facts and circumstances, it would be appropriate to convict the appellant for offences u/ss. 302134 and 201134 and maintain the sentence as imposed by trial court and upheld F by the High Court. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. I 144 of 1995. From the Judgment and Order dated 20.1.93 of the Punjab and G Haryana High Court in Crl. A. No. 5-DB of 1991. K.G. Bhagat, Kamal Baid and Debasis Mishra for the Appellant. Sudhir Walia and R.S. Suri for the Respondent. 601 H 602 SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R. A The following Order of the Court was delivered: This appeal by special leave is directed against the judgment and order of the High Court dated 20.1.1993 upholding the conviction and sentence recorded by the trial court on 5 .11.1990 against the appellant and her co-accused Bakhshish Singh for offences under Section 302 and 20 I B !PC. The deceased Havaldar Gurdev Singh was the husband of the appellant. He was serving in 4 J & K Rifles. The co-accused of the appellant Bakhshish Singh was living in the neighbourhood of the appellant in the village. He developed illicit relations with Sewa Kaur, appellant. According C to Swaran Kaur, PW8-mother of the deceased, in the year 1986, the appellant eloped with Bakhshish Singh and had remained out of the village for about one and a half months. On the matter being reported to the police, the SHO of police station Hariana apprehended both of them and the appellant was handed over to the village panchayat on assurance that D she would behave better. Gurdev Singh deceased came to the village on annual leave in April, 1989. On 15.4.1989, Gurdev Singh had gone to his friend Dial Singh at Jattan Da Katha and returned at about 9.00 p.m. after taking his meals and liquor. Reaching back his house, he rebuked his wife Sewa Kaur, the appellant herein for the illicit relations she was having with Bakhshish Singh, her co-accused. A quarrel ensued and it is alleged E that while the appellant took the deceased in her grip, sqeezing his testicles, Bakhshish Singh, her co-accused who came to that room, bolted it from inside and gave a danda blow on the head of the deceased as a result of which he fell down. Ranjit Singh Rana, PW9 son of the appellant and the deceased saw his father being assaulted and raised an alarm. He was F threatened by co-accused Bakhshish Singh and also given a daang blow which hit PW9 on his nose. PW9 was detailed in another room. The appellant and Bakhshish Singh finding Gurdev Singh to have died, put the dead body in a gunny bag and removed it on a bicycle towards the village pond. PW9 saw the appellant and Bakhshish Singh removing the dead body from the window of the room where he was detained. He saw the G appellant was also carrying.with her a kasi. Both the appellant and her co- accused returned to the house after about one and a half hours and the co- accused of the appellant washed the blood stains from the wall and also cleaned the floor to remove traces of blood. While the walls were white washed, cow dung mixed with water was used to plaster the floor. Ranjit H Singh PW9 was threatened with death by B
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