LAWS(SC)-2001-9-41

SATVIR SINGH Vs. STATE OF PUNJAB

Decided On September 27, 2001
SATVIR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) A young mother of two kids, who is a double graduate, ran into the rail in front of a running train to end her life as well as her miseries once and for all. She was driven to that action on account of the cruel treatments suffered by her at her nuptial home. But the destiny also was cruel to her as the locomotive which she desired to be her destroyer, instead of snuffing her life out in a trice, converted her into a veritable vegetable. She lost her left hand from shoulder joint and got her spinal cord ruptured. She turned into a paraplegic. She herself described her present plight as "a living corpse". Thus the miseries she longed to end transformed into a monstrous dimension clutching her as long as she is alive.

(2.) Her husband, father-in-law and mother-in-law (the appellants before us) were convicted by the Sessions Court under Section 116 read with Section 306, IPC, besides Section 499A. On the first count they were sentenced to rigorous imprisonment for two and a half years and a fine of Rs. 10,000/- each, and on the second count they were sentenced to imprisonment for two years and a fine of Rs. 5,000/- each. When the appellants filed an appeal before the High Court in challenge of the said conviction and sentence the victim also made a motion before the same High Court as she felt that condign punishment has not been meted out to the guilty persons. Both were disposed of by the impugned judgment delivered by a single Judge of the High Court of Punjab and Haryana. The findings made by the Sessions Court were concurred with by the High Court. However, an alteration was made by substituting Section 306, IPC with Section 304B, IPC to be read with Section 116, IPC. Commensurate alteration was made in the quantum of sentence by escalating it to RI for five years each.

(3.) It was during the wee hours of 17-6-1996 that Tejinder Pal Kaur (PW-5) ran in front of a train. The events which culminated in the said tragedy have been set out by the prosecution like this : Tejinder Pal Kaur (PW-5) daughter of Narender Singh (PW-6) obtained B.A. degree and B.Ed. degree before her marriage. On 15-11-1992 she was given in marriage to Satvir Singh (A-1), a businessman, and thenceforth she was living in her husband's house. Devinder Singh (A-2) and Paramjit Kaur (A-3) who are the parents of Satvir Singh (A-1) were also living in the same house. Though dowry was given at the time of marriage the appellants started harassing the bride after about 4 or 5 months of the wedding for not giving a car and a house as part of the dowry. They used to hurl taunts on her pertaining to the subject, including telling her that she had brought rags instead of wedding costumes. After about a year a male child was born to her and about one and a half years thereafter she gave birth to another male child.