GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Appeal challenges the judgment and order dated 4.3.2010 of the High Court of Punjab and Haryana whereunder, the Criminal Appeal No. 408-SB of 1999 of the convicted appellant was dismissed and the judgment of conviction under section 306 of the Indian Penal Code, 1860 (for short "the IPC") and the consequential sentence of 4 years RI and fine of Rs. 5000/-imposed by the Learned Additional Sessions Judge, Barnala, was upheld.

(2.) The appellant along with his parents was charged under sections 304B and 498A read with section 34 of the IPC. The learned Trial Court ordered acquittal of the appellant's parents Dulla Singh and Karnail Kaur. However, even while declaring that there is insufficient material to convict anyone under section 304B and 498A IPC, the trial Court opined that although no charge of abetment was framed against the husband Gurcharan Singh, he can be convicted for abetting suicide of his wife, under section 306 IPC.

(3.) The criminal process was set in motion with registration of FIR No. 177 dated 13.8.1997 at P.S. Kotwali, Barnala, under section 304B/34 IPC and under section 498A IPC. The case was registered on the basis of statement made by Jail Singh, father of Shinder Kaur(deceased). The appellant was married to Shinder Kaur and they had a son (21/4 years) and a daughter (8/9 months), when the mother committed suicide on 12.8.1997. According to the prosecution case, Shinder Kaur was harassed after marriage, for insufficient dowry. A few days prior to the occurrence, Shinder Kaur was beaten and was turned out from her matrimonial home by the accused to bring Rs.20,000/- from her parents for purchase of a plot. Then the Complainant had escorted back his daughter to her matrimonial home by pleading with the accused that he was unable to meet their cash demand. On 13.8.1997, the father received a message that Shinder Kaur had died in her matrimonial house. On hearing this, the Complainant Jail Singh along with his wife Surjit Kaur and Chand Singh (brother of Surjit Kaur), rushed to Barnala and saw the dead body of Shinder Kaur in the matrimonial home who had died at about 5 P.M. on 12.8.1997. Since, it was an unnatural death, the Complainant alleged that either the accused had caused the death of his daughter by giving her some poisonous substance or she had ingested such substance, due to harassment by the accused.